Carrier, CoMMON

Transporter of persons or goods for all who apply. He is liable for all lo or damage to goods in his po e ion, except that occasioned by act of God, as a tempest; by the public enemy, as by military capture; by act of the law, as by seizure under legal proce ; by the fault of the shipper, as by improper packing or direction. He may be sued either for breach of his contract, or in tort for breach of his common law duty to carry safely, in case the goods have been received by him and lost or damaged. If he refuses to receive goods which he is accustomed, and has the facilities, to carry, he is liable in tort. He is not the insurer of pa engers as he is of goods, but is bound to carry them safely, and is charged with the utmost care and skill in performing this duty; he must do his best and keep all the instrumentalities of transportation in safe condition, and must adopt improved appliances and methods as soon as practicable. He is liable for the negligence of his servants. Whether he may validly contract with a pa enger for exemption from liability for negligence is a subject on which the courts differ.