It must also be remembered, that the consignee must have a reasonable time to receive and remove his goods; and not until this time has elapsed, will they be considered as left in the hands of the carrier as a warehouseman, and under that liability only. (hh)

In general, when the owner or consignee may be considered as himself taking charge of the goods, or when his acts or language justify the carrier in believing that the owner considers whence it was innocently taken by a third person, who paid him, the defendant, for it." See Rooke v. Midland Railway Co. 14 E.L.& E. 175.

himself as in charge of them, then the responsibility of the carrier ends. (i)

The particular obligation of stage-coach proprietors, railroads, and the like, to deliver the baggage of their passengers, has been much considered. These carriers are, principally, carriers of passengers, and only incidentally of the baggage of the passengers, for which they do not generally receive any distinct compensation. Nevertheless, as to this baggage, they come under the general law of common carriers of goods, and are held very strictly, both from the nature of the contract and from motives of public policy, to the obligation of delivering the baggage of each proprietor to him at the end of the journey, in all cases. (j) 1 the delivery. The goods were still in their possession as common carriers to all intents and purposes." See also Goold v. Chimin, 10 Barb. 612.

(h) Bullard v. Young, 3 Stew. (Ala.) 46. A undertook to carry certain flour for B to a certain place, and having deposited it by the way, C took part of it by mistake. B refusing to receive part only, C received the remainder, and paid A for the whole. This was held to amount to a conversion by A, for which B could maintain trover against him. And per White, J.: "Young was a bailee or carrier, who undertook to deposit the flour at a particular place for the plaintiff. This he did not do, but wilfully and of his own accord left it at another place.

(hh) McDonald v. Western R. R. Co. 34 N. Y. 497; Blumenthal v. Brainerd, 38 Vt. 402; Roth v. Buffalo, etc. R. R. Co. 34 N. Y. 648. See preceding page.

(i) Thomas v. B. & P. Railroad Corporation, 10 Met. 472; Strong v. Natally, 4 B. & P. 16; Eagle v. White, 6 Whart. 505; Lewis v. The Western Railroad Co. 11 Met. 509.

(j) Richards v. The London Railway Co. 7 C. B. 839; Hollister v. Nowlen, 19 Wend. 234; Cole v. Goodwin, id. 251; Bomar v. Maxwell, 9 Humph. 621; Dill p. So. Car. Railroad Co. 7 Rich. L. 158.

1 A railway company is not liable for luggage placed at a passenger's request in the same compartment in which he intends to travel, if lost or stolen without any negligence on its part, Bergheim v. Great Eastern R. Co. 3 C. P. D. 221; Talley v. Great Western R. Co. L. R. 6 C. P. 44; nor for baggage placed by a passenger in an unlocked state-room, Gleason v. Goodrich Trans. Co. 32 Wis. 85; but is liable for baggage kept by a passenger exclusively within his own control and lost through its negligence or that of its servants, and without the passenger's fault, Kingsley v. Lake Shore, etc R. Co. 125 Mass. 54, citing Bergheim v. Great Eastern R. Co. supra. That a carrier is not liable for samples of merchandise carried to facilitate sales, see Pennsylvania R. Co.

And if such delivery be made erroneously, but innocently, on a forged order, the carrier is still held. (k) But one who delivers to the railroad company, jewels or other things of great value, as common articles, is guilty of a fraud which releases the company from liability as common carriers. (kk) 1

In a recent English case occurs a useful definition of "baggage," or "luggage " as it is called in England, by Cockburn, C. J. He holds the true rule to be, "that whatever the passenger takes with him for his personal use or convenience, according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities, or to the ultimate purpose of the journey, must be considered as personal luggage." (kl) A surgeon travelling with troops had with him a case of surgical instruments. They were lost by negligence, and the company was held liable. (km) The company was held not liable for money carried by a passenger for a friend, and lost by the company's negligence, the company having no knowledge that the money was so carried. (kn)

As the carrier is bound to deliver the goods, so the owner is bound to receive and remove them, and pay the freight for them. And if the carrier is warranted in delivering the goods, by keeping them at his own office, or warehouse, and giving notice, and if he has given such notice, and the owner delays more than a reasonable time to take them, they are no longer at the risk of the carrier, as a carrier, but as a mere depositary, gratuitously, when he is bound only to slight care, and liable only for gross negligence - or for compensation - when he is bound to ordinary care, and is liable for ordinary negligence - according to the circumstances. (l) So if the freight be not * paid, and * 200

(k) Powell p. Myers, 26 Wend. 590.

(kk) Cincinnati, etc. R. R. Co. v. Mar-cus, 38 Ill. 219.

(kl) Macrow v. Great Western Railway Co. L. R.6Q. B. 612. See post, p. •256.

(km) Hannibal R. B. Co. v. Swift, 12 Wallace, 262.

(kn) National Bank of Greenfield v. M. & C. R. R. Co. 20 Ohio, 259.

(l) Powell v. Myers, 26 Wend. 591, per Verplanck, senator. In Goold v. Chapin, the carrier retains the goods therefor, they are not at his risk as carrier, but as warehouseman or gratuitous bailee. (m)

10 Barb. 612, the defendants, the proprietors of the Hudson River line of tow-boats, received on board one of their barges, in the city of New York, goods belonging to merchants in Brockport, to be by them transported to Albany, and there delivered to the agent of a company for transporting goods, etc., on the canal, styled "The Atlantic Line." The goods arrived safely at Albany, on Monday, the 14th of August, and were put on the float belonging to the owners of the barge, which they kept in v. Miller, 35 Ohio St 541; and that a manuscript "price-book" is "baggage" of a travelling salesman, see Gleason v. Goodrich Trans. Co. 32 Wis. 85.