rrier to pay for them. The courts have said that
passengers have no right to put such things in their trunks expecting
to make carriers pay for them when they are lost. If there are things
of unusual value in a trunk, the carrier should be informed or else
the owner should assume the risk.

One word more. An express company is a common carrier and is bound by
the same rules as other carriers except so far as such rules may be
changed by definite contract. When a definite contract is made, then
the rules of ordinary carriers do not apply.

XII. ON THE KEEPING OF THINGS

There are some principles of every-day importance relating to the
keeping of things.

In our last lecture was mentioned the carriage of merchandise by
common carriers. They not only carry merchandise--they also keep it.
When merchandise reaches its destination and shippers have had a
reasonable time to take it away, but neglect to do so, a common
carrier is no longer liable for its safe keeping as a common carrier
but only as a warehouseman. What do we mean by this? As we have seen,
a common carrier, unless he makes a special contract for carrying the
merchandise, is liable for everything lost or injured except "by the
act of God or the public enemy"; or, as we have already said, he is an
insurer for safely taking and keeping the merchandise while it is in
his charge. When the merchandise has reached the final station, and
the person to whom it is shipped or sent has had ample time to take it
away and does not do so, the carrier still keeps the merchandise in
his warehouse or depot, but he is no longer liable as a carrier for
keeping it but simply as a warehouseman. In other words, if goods are
kept by him for this longer period, he is liable for their loss only
in the event of gross negligence on his part. If a fire should break
out and the goods be burned, unless it happened by his own gross
negligence, he would not be liable for the loss. So, too, if a thief
should break into his warehouse and steal the goods, he would not be
liable for the theft unless it was shown that he was grossly negligent
in not providing a safer building. If the rats and mice should destroy
the goods while they were in the common carrier's building, the same
rule would apply; or if they were injured or destroyed in any other
manner, he would not be responsible for the loss unless gross
negligence was shown.

Different rules apply, depending on whether the keeper, or bai