XII. ON THE KEEPING OF THINGS

There are some principles of every-day importance relating to the

keeping of things.

In our last lecture was mentioned the carriage of merchandise by

common carriers. They not only carry merchandise--they also keep it.

When merchandise reaches its destination and shippers have had a

reasonable time to take it away, but neglect to do so, a common

carrier is no longer liable for its safe keeping as a common carrier

but only as a warehouseman. What do we mean by this? As we have seen,

a common carrier, unless he makes a special contract for carrying the

merchandise, is liable for everything lost or injured except "by the

act of God or the public enemy"; or, as we have already said, he is an

insurer for safely taking and keeping the merchandise while it is in

his charge. When the merchandise has reached the final station, and

the person to whom it is shipped or sent has had ample time to take it

away and does not do so, the carrier still keeps the merchandise in

his warehouse or depot, but he is no longer liable as a carrier for

keeping it but simply as a warehouseman. In other words, if goods are

kept by him for this longer period, he is liable for their loss only

in the event of gross negligence on his part. If a fire should break

out and the goods be burned, unless it happened by his own gross

negligence, he would not be liable for the loss. So, too, if a thief

should break into his warehouse and steal the goods, he would not be

liable for the theft unless it was shown that he was grossly negligent

in not providing a safer building. If the rats and mice should destroy

the goods while they were in the common carrier's building, the same

rule would apply; or if they were injured or destroyed in any other

manner, he would not be responsible for the loss unless gross

negligence was shown.

Different rules apply, depending on whether the keeper, or bailee,

gets any compensation for storage. In our lecture relating to sales we

stated that the seller would not be liable for the loss of anything

intrusted to his keeping after it had been bought of him unless he was

grossly negligent, for the reason that no reward or compensation is

paid to him for storage. There are, therefore, two rules which govern

many cases. If a person keeps a thing for a reward or compensation,

then he is bound by a stricter rule of diligence than in those cases

in which he receives nothing for his service. This accords with the

common reason of mankind. Evidently if a person keeps a thing simply

as an act of kindness, he ought not to be responsible in the same

sense that one is held responsible who is paid a fixed price for such

service.

Another good illustration is that of a bank which keeps the bonds of a

depositor in its safe for his accommodation. The bank does not pretend

to be a safe-deposit company or anything of the kind, but it has a

large vault and wishes to accommodate its customers by keeping their

stocks and bonds and other articles for them while they are off on

vacations or for other reasons. It is a common thing for a customer to

go to his bank, especially in the country, and ask the cashier to keep

his valuables during his absence. The cashier is willing to comply,

and the things are intrusted to him; but as the bank receives no

compensation for this service it is not responsible for their loss

unless it is grossly negligent in the matter. Suppose they are put in

the safe among other valuables belonging to the bank and a robber

breaks in and takes them away--is the bank responsible? Certainly not.

On the other hand, if the customer should leave his valuables at a

safe-deposit company, a different rule would apply, because that

company charges him for keeping the articles. It is therefore bound by

a stricter rule than the bank. It must use the greatest care, and if

neglectful in any respect it is responsible for the consequences.

Suppose a person should say to me: "Will you be good enough to leave

this package with a jeweller on your way down street?" I say to my

friend: "Certainly, with the greatest pleasure." What degree of care

must I use in carrying that package? Only ordinary care. Suppose in

going along the street a thief, without my knowledge, should walk

beside me and slip his hand into my pocket and take the package, and

on my arrival at the jewellery store I should find that it was gone.

Should I be responsible for the loss? Certainly not, because I had

neither received nor expected to receive any reward for taking the

package to the store. Of course, if it could be shown that I was

unnecessarily negligent in carrying the parcel, the owner might be

justified in claiming damages.

One thing more may be added. If a bailee should be a scoundrel and

sell the thing left with him for safe-keeping and receive the money,

the true owner could, nevertheless, claim the thing wherever he could

find it. The owner would not get a good title. This rule of law

applies to everything except negotiable paper. A person who buys that

in good faith, honestly, not knowing that it was stolen, and pays

money, gets a good title. _This is the only exception to the above

rule in the law._

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