PHI LOS 0 P H Y . - Classic Works of Apologetics Online

C'OlnnlisJ ions, 127
!ies at the time of making the contract; which ap ..
ptenen..:iOri of theirs mu,r be co!lected" chiefly from
custom, by which probably it was guided. Whether
a public carrier ought to account for goods sent by
hi!il; the owner or master of a ship for the cargo;
the f:')sr office for letters, or bills inclosed in letters,
where the loss i~ not imputed to any fault or neglect
of theirs, are que,tion.~ of this sort. Any eXPfJ
sion, which by implication amounts to a promise
will be binding upon the agent without custom;
wher~ the proprietors of a stage-coach advertise, that
they will nol be accountable for mOl~ey, plate, or
jewels, this makes them accounrable for every thing
else; or where the price is too much for the labour,
part cf it m3Y he con5idered as a premium for insur ..
ance. 011 the other hand, any caution on the 9
of the owner to guard against danger, ~ evidenc
that he considers the risk to be his; as cutting a b
bill ill two, to send by the post at di1ferent times.
Uni·tcrsally, unless a promise, either express or1
tacit, can be pro,Ted against the agent, the loss must
fall upon the owner.
" r The agent may be a sufferer in his own person :J
property by the bminess which he undertakes;
where one goes a journey for another, and lames his
horse, or is hurt hilllSelf by a fall upon the load;
can the agent in such case claim a cOlnpensation (or
til:! misfortune? Unles~ the same b~ provided fOf by
express stipulation, the agent is not €:ntitJed to any
compensation frl)Ol ,his 'enlployer ,-_on ," t.t~at aCCollDt :
f-;l~ where th~ danger ,;., not foreseen;. there can be
)'.0 r~ason to beli{~n:, that the employer engag'cd to
indemnify the agent against it; stili less where it
i~ fore:>een: for wh~cver knowingly undertakes a
(langerous employment, in COtnnl0n constru·ct:ion
tak~s upon himself [he danger and the consequt!nces ;
as '~There a fireman undertak,.!s for a rC\\Tard to risk
a box of writings from the flames; or a saiiorto
bring off' a passenger frum a ~hip ill a storm. .
R