claim, the pawner has the same right over the article pawned
as he had after pawning it, and may therefore sell and transfer his
interest as before. Lastly the pawner is liable for any deficiency
after the sale of the thing pawned, unless released by statute. See
_Agency_.
=Carrier.=--Carriers are of two kinds, private and public. A private
carrier may contract orally or in writing, and must use such care in
carrying the goods entrusted to him as a man of ordinary intelligence
would of his own property. If he carries these gratuitously his
obligation is still less, nevertheless he must even then take some
care of them. Suppose he agreed to carry a package for another to the
latter's home, and on the way, being weary or sleepy, should sit down
by the wayside where people often pass and fall asleep and on
awakening should find the package missing, would he be responsible?
Authorities differ. Suppose the package was a very valuable one. A
court might hold that the man who gave it to him was a fool for
entrusting such a package voluntarily with him. Suppose however that
he was a highly trustworthy man, well known throughout the
neighborhood, then no fault could be imputed to either, and the owner
would be obliged to bear the loss.
Common carriers are far more numerous and important. Receiving a
reward they are required to exercise more care in the business. The
old rule of the common law was very strict, but this has been greatly
modified. A carrier may modify the rule by contract, and the bill of
lading received by the shipper is regarded as one, and sets forth his
liability. In a general way he can relieve himself from all liability
except from his own negligence, and there are cases which hold that he
can relieve himself even from that if the shipper, for the sake of
having his goods carried at a lower price, is willing to relieve him,
in other words is willing to assume all the risk himself.
A carrier can limit his liability for the loss of baggage entrusted to
his care and when one receives a receipt describing the amount of the
carrier's liability in the event of loss. Nor can he hold the company
on the plea of ignorance by declaring he has not read it, for it is
his duty to read the receipt. Again, a carrier is thus liable only
when a traveler's baggage is entrusted to his care; if therefore he
keeps his grip or umbrella and on looking around makes the painful
discovery that he has been relieved of them, he c
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