ly to the use for which it is borrowed, is used
carefully by the borrower only, and returned within the time for which
it was borrowed, he is not liable.
Sec.5. Property taken in pledge as security for a debt or an engagement,
must be kept with ordinary care; in other words, the pawnee is
answerable only for ordinary neglect; and if the goods should then be
lost or destroyed, the pawner is still liable for the debt. If the
pawnee derives any profit from the use of the property, he must apply
the profits, after deducting necessary expenses, toward the debt.
Sec.6. Another kind of bailment is the hiring of property for a reward. If
an article is injured or destroyed without any fault on the part of the
hirer, the loss falls on the owner, for the risk is with him.
Sec.7. If work or care is to be bestowed for a recompense on the thing
delivered, the workman is liable for ordinary neglect; and the work must
be performed with proper skill, or he is answerable for damage. If a
tailor receives cloth to be made into a coat, he is bound to do it in a
workmanlike manner.
Sec.8. Innkeepers are in general responsible for all injuries to the goods
and baggage of their guests, even for thefts. But for loss caused by
unavoidable accident, or by superior force, as robbery, they are not
liable.
Sec.9. A person who carries goods for hire in a particular case, and not as
a common carrier, is answerable only for ordinary neglect, unless he
expressly takes the risk of a common carrier.
Sec.10. A common carrier is one who carries goods for hire as a common
business, whether by land or by water, and is responsible to the owner
of the goods, even if robbed of them. He is in the nature of an insurer,
and is answerable for all losses, except in cases of the act of God, as
by lightning, storms, floods, &c. and public enemies, as in time of war.
Sec.11. A common carrier is bound to receive from any person paying or
tendering the freight charges, such goods as he is accustomed to carry,
and as are offered for the place to which he carries. But he may refuse
to receive them if he is full, or if they are dangerous to be carried,
or for other good reasons. He may refuse to take them unless the charges
are paid; but if he agrees to take payment at the end of the route, he
may retain them there until the freight is paid. A carrier must deliver
freight in a reasonable time; but he is not liable for loss by the
freezing of a river or canal du
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