A Treatise On the Contracts of Common Carriers, With Special Reference to Such As Seek to Limit Their Liability At Common Law, By Means of Bills of Lading, Express Receipts, Railroad Tickets, Baggage Checks, Etc., Etc

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It is held in Michigan and Illinois that the sending of goods under a restrictive contract in any number of in- stances does not bind the party sending them to a similar contract in the future, without his agreement to that ef- «> Illinois Cent. R. Co. v. Smyser, 38 HI. 354 (1865). A custom not to sign bills of lading for looking-glasses without the words " not responsi- ble for contents," can not be proved for the purpose of qualifying the liability of a earlier. " The law, and not such a cust...om, ascertains and limits the rights and liabilities of shippers and common carriers." The- Paoific, 1 Deady, 17 (1861) . A common carrier upon a canal can not, in the absence of an express contract, limit his liability by showing that by a custom on the canal carriei's are not liable for losses resulting from the dangers of navigation, from fire or from inevitable accident. Coxe v.
Heisley, 19 Pa. St. 243 (1852).
'1 Where a contract for the shipment of goods contained no exception as to loss by fire, although the usual bills of lading issued by the carrier did contain this provision, in an action for the price of the goods, the same having been destroyed by fire, a copy of such bills of lading is not evidence for the transporter.


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