MODE OF TRANSPORTATION. 489 



liable for defects.^^* And where the owner selects the cars 

 himself the carrier is not liable unless the defects are not ap- 

 parent and not pointed out.^«" So, where he has assumed 

 the duty of loading and has loaded the car without objecting 

 that it was not bedded with straw or other material, he cannot 

 hold the company for the consequences of this failure.^®! 

 Nor, under similar circumstances, can he testify that some 

 other kind of car was better suited to the purpose.^ ^^ And 

 where his agent, knowing of the defects, had tried to remedy 

 them, refusing the offer of a better car at a higher rate, it was 

 competent for the jury to find that the plaintiff had assumed 

 the risks."^ 



In other cases a more rigid rule is laid down. Thus, it has 

 been held that the fact that the shipper accepted a defective 

 car knowingly does not exempt the carrier from liability un- 

 less the shipper distinctly assumes the risk.^®* And the 

 shipper is not estopped from complaining of an injury owing 

 to the lack of trapdoors in the roof of a car, as required by 

 statute, by the fact that he knew of the deficiency at the time 

 of loading.^*^ And a stipulation in the bill of lading that 

 the shipper has examined the car and accepted it as "suitable 

 and sufficient" for the purposes of his shipment will not pro- 

 tect the carrier from loss owing to defects,^®* though the bur- 

 den will be on the shipper to disprove the truth of his 

 recital.i"^ 



"" Great Western R. Co. v. Hawkins, i8 Mich. 427. And see Nevin 

 V. Great South. & West. R. Co., 30 L. R. Ir. 125. 



"" Harris v. North Ind. R. Co., 20 N. Y. 232. And see Union Pac. 

 R. Co. V. Rainey, 19 Colo. 225 ; Leonard v. Whitcomb, 95 Wis. 646. 



'" E. Tenn., V. & G, R. Co. v. Johnston, 7S Ala. 596. And see Betts 

 V. Farmers' Loan & T. Co., 21 Wis. 80, cited infra. 



"" Chic. & N. R. Co. V. Van Dresar, 22 Wis. 511. 



'" Coupland v. Housatonic R. Co., 61 Conn. 531. 



'** Pratt V. Ogdensburg & L. C. R. Co., 102 Mass. 557. 



"° Paddock v. Mo. Pac. R. Co., 60 Mo. App. 328. 



'™ Louisville & N. R. Co. v. Dies, 91 Tenn. 177. 



"' West. R. Co. of Ala. v. Harwell, 91 Ala. 340. 



