it is otherwise of a stage-coach, which usually carries goods as well as passengers for hire. See 2 B. & P. 416, 419.

Where a customer knows that goods are exposed to some particular risk and omits to inform the carrier, in case of a loss thereby, the carrier is not answerable. 1 East, 604.

Notwithstanding a special acceptance, limiting the responsibility of carriers, they are answerable in cases of gross negligence. 2 Barn. & Ald. 356; 6 Mo. 469.

With regard to the question, by whom the action should be brought for the loss of a parcel, the rule in Comyns on Contracts is laid down to be, "where the consignor is to pay for the carriage of the goods, and cannot charge the consignee upon the delivery to the carrier, the action should be brought in his name; but where the consignee orders the goods to be sent by a particular carrier, to whom they are delivered, or is liable in the ordinary course of trade to pay for them upon the delivery to the carrier, the action must in general be brought in the name of the consignee."

It seems, however, when goods are delivered by the consignor to a carrier, pointed out by the consignee, the property, on a delivery to the carrier, is in the consignee, and, notwithstanding the consignor paid the carrier, the action must be brought in the consignee's name. 1 L. Raym. 271; 8 T. R. 330.

A carrier may be sued for any loss or damage happening to goods delivered to him, either in Assumpsit or Case, but in making a choice, it will be well to recollect that Case may be joined with a count in trover, where the circumstances will warrant it, but Assumpsit cannot; and that an omission of any of the joint contractors, will be cause of abatement in Assumpsit; but an omission of a like kind in Case, generally, will not. Carrier v. Porter, for negligently losing goods, and which carrier was obliged to pay for.

For that, on &c., at &c., in consideration that the plaintiff, at the special request of the said E, had then and there caused to be delivered to the said E, divers goods and chattels, to wit, &c., of a large value, to wit, &c., to be by the said E, safely and securely carried and conveyed from a certain place at M aforesaid, called &c,, to a certain other place at M aforesaid, called &c., and there, to wit, at the last mentioned place, to be safely and securely delivered for the plaintiff, for a certain reasonable reward to be therefor paid by the plaintiff, the said E promised the plaintiff, safely and securely, to carry and convey the said goods and chattels, from the said place called &c., in M aforesaid, to the said place called &c., in M aforesaid, and there, to wit, at the last mentioned place, safely and securely to deliver the same for the plaintiff; yet the said E did not deliver, nor hath as yet delivered the said goods and chattels, or any part thereof, at the said place, called &c., or elsewhere, to or for

the plaintiff, but, on the contrary, afterwards, to wit, on &c., at &c., so negligently behaved in carrying and conveying the said goods and chattels, that the same, for want of due care, and by reason of the negligence of the said E, were then and there wholly lost to the plaintiff.

2d COUNT. On promise to keep safely and deliver on request.

And for that, on &c., at &c., in consideration that the plaintiff, at the like request of the said D, had then and there delivered, and caused to be delivered to the said D, certain other goods and chattels, to wit, &c., of a large value, to wit, &c., to be by the said D, safely kept for and delivered to the plaintiff, upon request, the said D promised the plaintiff safely to keep the last mentioned goods and chattels, and to deliver them to the plaintiff upon request; and although the said D received the last mentioned goods and chattels, on such bailment as aforesaid, and was afterwards, to wit, on &c., at &c., requested to deliver the same to the plaintiff; yet the said D did not keep the same safely, and so deliver the same to the plaintiff, when so requested as aforesaid, nor hath yet delivered the same; but, on the contrary, took so little and such bad care thereof, that the same were and are, by the mere negligence of the said D, wholly lost to the plaintiff. 2 Went. 234.

Add a third count, like the first, omitting the part in italics.

If a carrier trusts the goods with his porter, (as in this case,) and the porter loses them, the carrier may maintain an action against the porter, for he has a special property in the goods; and a declaration like the above would be good, even though the carrier had not paid over for the loss; for the porter would never be admitted to show that the goods were only bailed to the carrier, in order to discharge himself. See an opinion, 2 Went. 237; and 1 Bac. 237; 1 Roll. Abridg. 607. (MSS.)

Against the proprietor of a stage-coach, for not carrying plaintiff the whole of his journey.

For that the said D, [defendant] on &c., at &c., was proprietor and owner of a certain common coach or carriage, going and passing from B to N, and so back from N to B, for the carriage and conveyance of passengers; and in consideration that the plaintiff, at the special request of the said D, would then and there take and engage one place in said coach or carriage, for the plaintiff to be conveyed as a passenger therein from said N to said B, for a reasonable fare to be paid therefor by the plaintiff to the said D, then and there promised the plaintiff to carry and convey him in said

coach or carriage from said N to said B. And the plaintiff avers, that, giving credit to the said promise of the said D, he then and there did take and engage one place in the said coach or carriage, for him, the plaintiff, to be carried and conveyed from said N to said B, as aforesaid, and that the said D, in part performance of his said promise, did, on &c., convey the plaintiff from said N, part of the way to said B, viz. to S; yet the said D, though requested, would not carry the plaintiff any farther on said journey to said B, but wholly neglected and refused so to do; whereby the plaintiff was put to great charges to complete his journey to said B, &c. See 3 Went. 240.

By bailee against carrier, for negligence in transportation of goods whereby they were lost.

For that the plaintiff, on &c., at &c., had received a certain parcel of goods, of the value of $100, to be by him transported from N to B, and there safely delivered to one C, and had in fact carried the said parcel from said N to S; and afterwards, on &c., at said S, the plaintiff, at the special request of the said E, delivered the said parcel to him to be safely conveyed by the said E, from thence to said B, and there safely delivered to the said C, for a certain reward to be paid to the said E therefor, by the plaintiff; whereupon, in consideration of the premises, the said E, at the last mentioned time and place, promised the plaintiff safely to convey the said parcel from said S to said B, and there to deliver the same safely to the said C. Now the plaintiff says, that though the said E had received the said parcel for the purpose aforesaid, yet not minding his promise aforesaid, he did not safely convey the said parcel from S aforesaid to B aforesaid, and there safely deliver the same to, or to the use of, the said C; but on the contrary, so negligently behaved, and carelessly conducted in the premises, that the said parcel was, by the negligence and want of care of the said E, totally lost; whereby the plaintiff was obliged to pay the value of said parcel, and divers other expenses incurred in consequence thereof. See 3 Went. 246.

Add a count, in consideration that the plaintiff had delivered a parcel to the defendant, to be carried, &c.; and also a count for not delivering in a reasonable time the goods of plaintiff bailed to defendant. Against proprietor of a stage-coach, by passenger, for loss of luggage.

For that the said D, [deft.] on &c., at &c., was the owner and proprietor of a certain stage-coach, for the carriage

and conveyance of passengers, with their reasonable luggage, from said S to B, for a certain reasonable reward and hire to be paid therefor; and then and there, in consideration that the plaintiff had, at the special request of the said D, taken a place in said coach as a passenger from said S to said B, and promised to pay therefor at the accustomed rate and price, and had then and there delivered to the said D, a certain box of the plaintiff, containing goods and clothes, of the value of &c., which the plaintiff avers was his reasonable luggage, as such passenger as aforesaid, promised the plaintiff safely to convey him from said S to said B, and at said B safely to deliver him the said trunk and its contents. And the plaintiff says, that though the said D so received the said luggage, and afterwards, on &c., conveyed the plaintiff from said S to said B; yet though requested in a reasonable time afterwards, viz. on &c., at &c., the said D never delivered the said trunk and its contents to the plaintiff at said B, but so negligently carried the said trunk and its contents, and took so little care thereof, that the same was totally destroyed and lost. by the negligence of the said D. See 3 Went. 254.

Add a count for goods delivered to carrier for reasonable reward. Against a water carrier, for negligently carrying goods whereby they were spoiled.

For that the said D, [defendant,] on &c., at &c., in consideration that the plaintiff had, at the special request of the said D, delivered to him two hundred bushels of corn, of the value of $100, to be safely conveyed by the said D, for a certain hire, from said S to B, on board a certain barge belonging to said D, then lying at said S, then and there promised the plaintiff, safely to convey the same from said S to said B, and there, at said B, to deliver the same to the plaintiff within a reasonable time; yet the said D, not minding his promise aforesaid, though a reasonable time has long since elapsed, since the delivery aforesaid of the said corn to the said D, for the purpose aforesaid, viz. days, and though afterwards, on &c., at &c., requested thereto, hath never safely carried and delivered the said corn to the plaintiff at said B, but hath wholly neglected so to do; and, on the contrary, hath so carelessly conducted himself in the premises, that by his negligence and default, the said corn has been wetted, and thereby wholly destroyed. See 3 Went. 260.

Against water carrier for not delivering goods.

For that the said D, [defendant,] at &c., on &c., was a common carrier, for a certain hire and reward, of goods, wares, merchandises and moneys, from said F to B, in the county of S, and from thence to said F; and on the same day, at said F, received of the plaintiff one sum of $100, to be carried from said F to said B, and there delivered to T R, Esq., dangers of the seas excepted; and the said plaintiff then and there promised the said D, to pay him as much money for carrying the same, as he reasonably deserved therefor, on demand; by reason of all which, and by the law and custom of the land, the said D became and was obliged to carry said money safely and deliver the same to the said T R, dangers of the seas only excepted, as aforesaid, and in consideration thereof, then and there promised the plaintiff to do it accordingly; yet the said D hath never carried and delivered the same money to the said T R, though a reasonable time hath therefor elapsed, and though on &c., at &c., requested thereto; nor hath the said D redelivered the same to the plaintiff, though alike requested, but wholly neglects and refuses so to do.

For not delivering money to a third person, according to promise.

For that the said D [defendant] on &c., at &c., in consideration that the plaintiff had then and there delivered him $20, promised the plaintiff to deliver the same, on the same day, to one C at B; yet the said D, not minding his said promise, did not deliver the same money on the same day to the said C, but neglected and still wholly neglects so to do; whereby the plaintiff has been impleaded in an action for the same by the said C, and put to great charges, viz. the sum of $30; all which is to the damage, &c.

15. For not accounting for goods, &c.; in nature of Account. [See under ACCOUNT, ante.]

For not accounting for proceeds of fish delivered to be transported and sold.

For that the said D, having received of the plaintiffs quintals of fish, of the value of &c., for his reasonable allowance, to be transported from &c., to &c., the dangers of the seas excepted, and there to dispose thereof to the plaintiffs' best advantage, and thereof to render to them his reasonable account on demand, in consideration thereof, then