262 
MISCELLANEA. 
tioned without a licence shall, instead of the quantity specified in relation to petroleum 
in the said Act, be such quantity as is specified in that behalf in relation to any such 
substance in any such Order in Council. 
10. This Act may be cited as The Carriage and Deposit of Dangerous Goods Act, 1866. 
CAKRIERS AND CHEMICALS. 
CHARLES RUMSEY AND CO. V. FARDELL. 
This was an action tried at the City Sheriffs’ Court, before Mr. Commissioner Kerr, 
in which the plaintiffs sought to recover the value of a carboy of acetic acid, which 
had been broken in transit; plaintiffs being manufacturing chemists, of 120, Alders- 
gate Street, and defendant a carrier, of 40, Gresham Street. Mr. Rumsey said he 
should be able to prove to the court that acetic acid had been sent to him by another 
firm in perfect good order. It did not reach its destination in safety, and wiLiess con¬ 
tended that defendant was liable for the damage that had occurred. Mr. Fardell en¬ 
tirely denied his liability, and contended that the carboy must have been cracked or 
starred before it was delivered to him. He had to unload the carboy, and while he was 
about the work he heard a noise like the explosion of a bottle of champagne, or some 
effervescing liquor. He lifted the carboy down, and immediately the acetic acid ran 
out. It was a wonder it had not spoilt a large quantity of valuable goods. His Honour: 
“ Acetic acid does not explode ; it is perfectly harmless.” Mr. Rumsey : “ Of course it 
is.” Defendant: “ I admit that acetic acid is not explosive, but I wish to point out that 
the carboy must have been starred before it reached me.” Mr. Rumsey: “ That is cer¬ 
tainly not the case, and I have a witness here who will state that the carboy was care¬ 
fully packed and sent out in good order.” His Honour, while iistening to the evidence, 
carefully looked over his law books, and at last came to one entitled ‘ Smith’s Mercantile 
Law, Dowdesw'ell, sixth edition.’ He appeared to be much struck with one portion of 
this volume, and said: “Mr. Fardell, listen to me for one moment. The law, as I find it 
and as I must enforce it, is thus laid down: At common law he (the carrier) stands in 
the situation of an insurer of the property entrusted to him, and he is answerable for any 
loss or damage happening to it while in his custody, no matter by what cause occasioned, 
unless it were by the act of God, such as a tempest, or the Queen’s enemies. In other 
cases, even his (the carrier’s) entire faultlessness does not excuse him; thus he is liable 
for damages done by accidental fire or by robbery.” Mr. Rumsey seemed rather sur¬ 
prised at this piece of law in his favour, and Mr. Fardell asked the judge if he wmuld 
not hear a witness whom he could call. His Honour: “What is the use of my hearing 
your witness when the law is so clear? No doubt the case is a hard one so far as you 
are concerned, but the law is clear and defined. Plaintiff must have a verdict for the 
full amount claimed.” It may here be remarked that the dicta as laid down in Smith’s 
‘ Mercantile Law ’ were fully borne out by the reference notes. Each point was alluded 
to in quoted cases, and in one portion even strengthened by the opinions of the judges 
sitting in banco in reference to carriers’ law. The chemists and druggists must admit 
that this ruling is of the very highest importance to them, and touches their trade most 
nearly.— Chemist and Dnigg>st. 
MISCELLAINEA. 
Accidental Poisoning by liaudanum. —An inquest has been held by Mr. Bed¬ 
ford, in St. James’s Workhouse, on Henry C. T. Webb, of Little Windmill Street, who 
died from the effects of a large dose of laudanum, given by mistake for cough mixture. 
The laudanum had been used by the father of the deceased for poultices to relieve 
rheumatism, and the servant had placed that bottle beside the cough mixture, where the 
mother had put it in case of need during the night. The child coughed excessively, and 
the mother, taking the bottle supposed to contain the mixture, administered a teaspoon- 
tul of laudanum. Medical aid was called in immediately the mistake was discovered, 
but without success. Verdict, “Accidental death.” 
