The question as to when and where delivery of goods intrusted to a common carrier must be made, is one to which no general answer can be made and which must depend upon the particular facts of each individual case. In some cases, the question of delivery will be determined by the express terms of the contract, but generally it must be settled by the usage of the trade in the particular line of transportation.24 Long established uniform and well-known usage as to the mode of delivery is a part of the contract,25 but local usage must be affirmatively established.26

19 Illinois Central R. R. Co. vs.

Frankenberg, 54 I11., 88, 5 Am. Rep., 92.

20 Cumberland Tel. Co. vs. Texas, etc., R. Co., 52 La. Am., 1850, 28 So., 284. 21 California Powder Works vs. Atlantic & P. R. Co., 113 Cal.,

329, 45 Pac, 691, 36 L. R. A.,

648. 22 Louisville, etc., R. Co. vs. Queen

City Coal Co., 13 Ky. L. Rep.,

932. 23 Little Rock, etc., R. Co. vs.

Conatser, 61 Ark., 560, 33 S.

W., 1057.

The general rule as to carriers by water is that the carrier's liability terminates when the goods are unloaded on the wharf, and reasonable notice given to the consignee.27 In the case of transportation by rail there must be an actual delivery to the consignee, or a constructive delivery involving reasonable opportunity to accept.28 While it may be the duty of the consignee to be present to receive the goods when ready for delivery,29 yet the carrier cannot abandon the goods for failure of the consignee to appear and claim them, although his liability as carrier may be terminated.30 In such a case he must store or warehouse them, and hold them for the consignee.31