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[REFERENCES ARE TO SECTIONS.]

Young v. Railway Co. (120 Ga.

25, 47 S. E. Rep. 556, 102 Am. St. Rep. 68, 65 L. R. A. 436), 1040.

Young v. Railway Co. (100 Iowa,

357, 69 N. W. 682), 1182. Young v. Railway Co. (51 La. Ann. 295, 25 So. Rep. 69), 990.

Young v. Railway Co. (33 Mo.

App. 509), 1342. Young v. Railway Co. (- Mo. 84 S. W. Rep. 175),

App. 1217. Young v. Railway Co. (— Mo App., 88 S. W. Rep. 767), 1118.

Young v. Railway Co. (93 Mo.

App. 267), 992, 1075, 1127. Young v. Railway Co. (60 N. J. L. 193, 37 Atl. 1013), 1174. Youqua v. Nixon (1 Peters' C. Ct. 221), 625.

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Rep. 529, 36 L. R. A. 546; s. c. 75 Miss. 746, 23 So. Rep. 434, 65 Am. St. Rep. 617, 41 L. R. A. 385), 966, 967. Zagelmeyer v. Railroad Co. (102 Mich. 214, 60 N. W. 436, 47 Am. St. Rep. 514), 1033. Zeigler Bros. v. Railroad Co. (― Miss. - 39 So. Rep. 811), 1285.

Zemp v. Railroad (9 Rich. (Law), 84), 1174.

Zimmer v. Railroad Co. (137 N. Y. 460, 33 N. E. 642, aff'g 16 N. Y. Supp. 631, 62 Hun, 619), 426, 451, 454, 457. Zimmerman v. Railroad Co. (43 N. Y. Supp. 883, 14 App. Div. 562), 1118.

Zinn v. Steamboat Co. (49 N. Y. 442), 667, 695, 720.

Zion v. Southern Pacific Co. (67 Fed. 500), 1433.

Zollinger v. Str. Emma (3 C. L.

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THE LAW OF CARRIERS

THE LAW OF CARRIERS

CHAPTER I.

OF BAILMENTS AND CARRIERS GENERALLY.

§ 1. Bailment defined.

2. Classification of bailments.
3. Application of rule to carriers.
4. Liability of common car-
rier distinguished from
that of other bailees.

5. Questions of negligence in
law of carriers.

6. Degree of diligence required depends on circumstances. 7. Negligence in one bailee not necessarily so in another.

8. Apportionment of diligence according to benefit.

§ 9. Law of bailment insufficient
to determine liability of
common carriers.

10. Comparative degrees of dili-
gence and negligence.
11. Utility of this classification.
12. Common carrier not usually
agent of owner of goods.

13. But may be agent in cases
of emergency.

14. Bailees liable for malfeasance and fraud.

Sec. 1. ($1.) Bailment defined.-Every carrier of goods is a bailee; for their carriage necessarily presupposes the delivery of the goods for that purpose; and the delivery of goods on a condition, expressed or implied, that they shall be restored or accounted for by the bailee to the bailor according to his directions, as soon as the purpose for which they are bailed shall be answered, constitutes a bailment. The word bailment is therefore one of very comprehensive signification, and includes, in its general meaning, all cases in which personal property is intrusted by one person to another, under an engagement, either express or implied, to keep, to carry, to improve, to mend or repair, or for the purpose of having any special service performed in respect to it, and, when the special purpose shall have been accomplished, to return it to the owner or to deliver it to another, according to the bailor's

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