hire, unless there is a good reason to the contrary, as, for example, when his carriage is full, or the article is not such as he is in the habit of conveying. He ought to carry the goods in the usual course without unnecessary deviation or delay. To make him liable there must be a due delivery of the goods to him in the known course of his business. His charge must be reasonable; and he must not give undue preference to any customer or class of customers. The latter principle, as enforced by statute, has come to be of great importance in the law of railway companies. In respect of goods entrusted to him, the carrier’s liability, unless limited by a special contract, is, as already stated, that of an insurer. There is no question of negligence as in the case of injury to passengers, for the warranty is simply to carry safely and securely. The law, however, excepts losses or injuries occasioned immediately “by the act of God or the king’s enemies”—words which have long had a strict technical signification. It would appear that concealment without fraud, on the part of the customer, will relieve the carrier from his liability for negligence, but not for actual misfeasance. Fraud or deceit by the customer (e.g., in misrepresenting the real value of the goods) will relieve the carrier from his liability. The responsibility of the carrier ceases only with the delivery of the goods to the proper consignee. By the Carriers’ Act 1830 the liability of carriers for gold, silver, &c. (in general “articles of great value in small compass”) is determined. Should the article or parcel exceed £10 in value, the carrier is not to be liable for loss unless such value is declared by the customer and the carrier’s increased charge paid. Where the value is thus declared, the carrier may, by public notice, demand an increased charge, for which he must, if required, sign a receipt. Failing such receipt or notice, the carrier must refund the increased charge and remain liable as at common law. Except as above no mere notice or declaration shall affect a carrier’s liability; but he may make special contracts with his customers. The carriage of goods by sea is subject to special regulations (see Affreightment). The carriage of goods by railway and canal is subject to the law of common carrier, except where varied by particular statutes, as the Railway and Canal Traffic Acts 1854 to 1894 and the Regulation of Railways Acts 1840 to 1893. The effect of these acts is to prevent railway companies as common carriers from limiting by special contract their liability to receive, forward and deliver goods, unless the conditions embodied in the special contract are reasonable, and the contract is in writing and signed by, or on behalf of, the sender. A railway company must provide reasonable facilities for forwarding passengers’ luggage; where luggage is taken into the carriage with a passenger, the company is responsible for it only in so far as loss or damage is due to the passenger’s interference with the company’s exclusive control of it. As carriers of passengers companies are bound, in the absence of any special contract, to exercise due care and diligence, and are responsible for personal injuries only when they have been occasioned by negligence or want of skill. Where there has been contributory negligence on the part of the passenger, i.e. where he might, by the exercise of ordinary care, have avoided the consequences of the defendants’ negligence—he is not entitled to recover. By the act of 1846 (commonly called Lord Campbell’s Act), when a person’s death has been caused by such negligence as would have entitled him to an action had he survived, an action may be maintained against the party responsible for the negligence on behalf of the wife, husband, parent or child of the deceased. Previously such cases had been governed by the maxim actio personalis moritur cum persona.
CARRIÈRE, MORITZ (1817–1895), German philosopher and historian, was born at Griedel in Hesse Darmstadt on the 5th of March 1817. After studying at Giessen, Göttingen and Berlin, he spent a few years in Italy studying the fine arts, and established himself in 1842 at Giessen as a teacher of philosophy. In 1853 he was appointed professor at the university of Munich, where he lectured mainly on aesthetics. He died in Munich on the 19th of January 1895. An avowed enemy of Ultramontanism, he contributed in no small degree to making the idea of German unity more palatable to the South Germans. Carrière identified himself with the school of the younger Fichte as one who held the theistic view of the world which aimed at reconciling the contradictions between deism and pantheism. Although no obstinate adherent of antiquated forms and prejudices, he firmly upheld the fundamental truths of Christianity. His most important works are: Aesthetik (Leipzig, 1859; 3rd ed., 1885), supplemented by Die Kunst im Zusammenhang der Kulturentwicklung und der Ideale der Menschheit (3rd ed., 1877–1886); Die philosophische Weltanschauung der Reformationszeit (Stuttgart, 1847; 2nd ed., Leipzig, 1886), and Die sittliche Weltordnung (Leipzig, 1877; 2nd ed., 1891), in which he recognized both the immutability of the laws of nature and the freedom of the will. He described his view of the world and life as “real-idealism.” His essay on Cromwell (in Lebensskizzen, 1890), which may be considered his political confession of faith, also deserves mention. His complete works were published at Leipzig, 14 vols., in 1886–1894.
See S. P. V. Lind in Zeitschrift f. Philos. (cvi, 1895, pp. 93-101); W. Christ in Allgemeine deutsche Biographie (1903).
CARRINGTON, CHARLES ROBERT WYNN-CARINGTON, 1st Earl (1843– ), English statesman, son of the 2nd Baron Carrington (d. 1868), was educated at Eton and Trinity, Cambridge, and sat in the House of Commons as a Liberal for High Wycombe from 1865 till he succeeded to the title in 1868. He was governor of New South Wales 1885–1890, lord chamberlain 1892–1895, and became president of the board of agriculture in 1905, having a seat in the cabinet in Sir H. Campbell-Bannerman’s and Mr Asquith’s ministries. He was created Earl Carrington and Viscount Wendover in 1895. The Carrington barony was conferred in 1796 on Robert Smith (1752–1838), M.P. for Nottingham, a member of a famous banking family, the title being suggested by one held from 1643 to 1706 in another family of Smith in no way connected. The 2nd baron married as his second wife one of the two daughters of Lord Willoughby de Eresby, and their son, through her, became in 1879 joint hereditary lord great chamberlain of England. The 2nd Baron took the surname of Carrington, afterwards altered to Carington, instead of Smith.
CARRINGTON, RICHARD CHRISTOPHER (1826–1875), English astronomer, son of a brewer at Brentford, was born in London on the 26th of May 1826. Though intended for the Church, his studies and tastes inclined him to astronomy, and with a view to gaining experience in the routine of an observatory he accepted the post of observer in the university of Durham. Finding, however, that there was little chance of obtaining instruments suitable for the work which he wished to undertake, he resigned that appointment and established in 1853 an observatory of his own at Redhill. Here he devoted three years to a survey of the zone of the heavens within 9 degrees of the North Pole, the results of which are contained in his Redhill Catalogue of 3735 Stars. But his name is chiefly perpetuated through his investigation of the motions of sun-spots, by which he determined the elements of the sun’s rotation and made the important discovery of a systematic drift of the photosphere, causing the rotation-periods of spots to lengthen with increase of solar latitude. He died on the 27th of November 1875.
For further information see Month. Notices Roy. Astr. Society, xiv. 13, xviii. 23, 109, xix. 140, 161, xxxvi. 137; Memoirs Roy. Astr. Soc., xxvii. 139; The Times, Nov. 22 and Dec. 7, 1875; Roy. Society’s Cat. Scient. Papers, vols. i. and vii.; Introductions to Works.
CARROCCIO, a war chariot drawn by oxen, used by the medieval republics of Italy. It was a rectangular platform on which the standard of the city and an altar were erected; priests held services on the altar before the battle, and the trumpeters beside them encouraged the fighters to the fray. In battle the carroccio was surrounded by the bravest warriors in the army and it served both as a rallying-point and as the palladium of the city’s honour; its capture by the enemy was regarded as an irretrievable defeat and humiliation. It was first employed by the Milanese in 1038, and played a great part in the wars of the Lombard league against the emperor Frederick Barbarossa. It was afterwards adopted by other cities, and first appears on a
