148 



H n KTICULTUKE 



Auiirutt II, r.M7 



under the clriuinst;iiui-s ot the cat-i 

 The followliiK Is from a leading 

 case: — 



In the ubscnio of n spetliil contnict 

 binding the currier to lU'llvtr within a 

 specified time, mere delay In trans- 

 portation does not create any liability 

 on a nUlroud to respond In duniaKes. 

 The carrier Is bound to use reasonable 

 dlllKence and care and only negll- 

 cence will make It liable, without a 

 specified time in the contract. The 

 shipper assumes the risk of unavoid- 

 able accidents and of usual and ordi- 

 nary delavs Incident to the ordinary 

 conduct of the carriers business. 

 Nevertheless. If damage results from 

 failure without good cause to deliver 

 the goods at their destination, within 

 a reasonable lime, the carrier is liable 

 for such damage. The law declares 

 that the good? must be delivered with- 

 in reasonable time. 



Deciding what is a reasonable time 

 Is not particularly diflicult in the av- 

 erage case, for the court simply takes 

 proof ot the time it usually takes. If 

 it has taken longer than usual In the 

 particular case, and the shirper or re- 

 ceiver has lost by it. it is up to the 

 railroad to tell why it took longer. 



There are several good excuses 

 which the railroad can offer, all of 

 which will absolve it from liability. 

 For instance, any of the following:— 



l._We hadn't enough facilities. 



2. — The delay was caused by an act 

 ot God, such as the train being struck 

 by lightning. 



3. — The delay was caused by freight 

 congestion due to weather conditions. 



4.— There was an unexpected rush of 

 business which tied us up. 



5. — The delay was caused by strikes 



or mobs. 



6. — The delay was caused by un- 

 avoidable accident. 



7. — The delay was caused by some 

 other cause entirely beyond our con- 

 trol. 



If the railroad can prove any ot 

 these it is not liable, no matter how 

 great the delay was. or how large the 

 loss. 



But if the delay was caused by any 

 of the following conditions, the rail- 

 road is not excused: When the delay 

 is due to a wreck caused by the rail- 

 road's own negligence; or when goods 

 are carried past their destination, caus- 

 ing delay; or when the road has ac- 

 cepted goods for shipment, knowing it 

 could not ship within the time; or 

 when it refuses to place a car in posi- 

 tion to be unloaded quickly; or when 

 it unloads an engine or uses one that 

 it knows is defective; or in case of 

 perishable goods, where It fails to get 

 them to market, when it could do so by 

 transferring them to another train. 



Many factors Influence the question 

 of what is a reasonable time. The 



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character of the goods influences it — a 

 reasonable time for perishable goods is 

 shorter than for a reasonable time for 

 iron, or hardware or dry goods. The 

 special conditions set forth above — 

 weather, rush of business, etc.. in- 

 fluence it and increase the "reasonable 

 time" over what it would be in normal 

 times. 



Of course, even where the delay 

 came from one of the causes that 

 would ordinarily exonerate a railroad 

 from blame, the road may still be 

 liable — if it knew when it accepted the 

 shipment that a condition existed 

 which would cause delay, and did not 

 tell the shipper. 



Another thing — if there is a delay, 

 whether it is the railroad's fault or 

 not. it is the railroad's duty to protect 

 the poods en route in every way it can. 

 Under the cases this means taking the 

 hiphest care possible under the circum- 

 stances. 



The shipper must show that his 

 goods took longer than usual, and that 

 the railroad's negligence was responsi- 

 ble for that. If the delay was caused 

 by something wholly beyond the rail- 

 road's control, it is not liable. 



Of course, if the railroad has made 

 a special contract to deliver within a 

 certain time, nothing whatever will ex- 

 cuse its failure, not even an act of God 



(Copyrit/ht, Aur/ust, 1917, hy Elton J. 

 Buckley.) 



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