Page:The Working and Management of an English Railway.djvu/307

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ON LAW RELATING TO RAILWAY COMPANIES.
269

the point is one of some delicacy; but, speaking generally, it may be said that the goods must be delivered by the sender or his accredited agent actually into the hands of the carrier, or some person who can be shown to be his agent, for the purpose of receiving them; for instance, his carman or the keeper of one of his receiving offices.

(4.) Goods delivered to a carrier must be properly and securely packed, and if any injury arises to them during their conveyance from their being, unknown to the carrier, improperly or insufficiently packed, the carrier is absolved from liability.

(S.) If any fraud or deceit be practised on the carrier whereby the real value of goods is concealed from him, and he is induced to regard them as of comparatively trifling value, he is not liable in case they be lost or stolen from him.

(6.) Railway companies are not bound to carry articles of a dangerous nature, such as gunpowder or other explosives, or lucifer matches; and if a person sends such articles by railway without declaring their true nature, he is liable to a penalty. The company may refuse to accept any package which they have reason to suspect contains goods of a dangerous nature, or to require that the package shall be opened so as to ascertain the facts.

Railway companies are not common carriers of articles of this description, and only convey them by arrangement with the senders, and under proper regulations.

(7.) At common law a carrier is in the nature of an insurer, and is bound to keep and carry goods entrusted to his care safely, and is liable for all losses, and in all events save only, as before mentioned, those