Whatever doubts some of Croke's language might raise, standing
alone, the fact remains indisputable, that for nearly a century
from Woodlife's Case the liability of carriers for loss of goods,
whether the custom of the realm or the defendant's common calling
was alleged or not, was placed upon the authority and was
intended to be decided on the principle of Southcote's Case.
[191] Symons v. Darknell 1 (4 Car. I., A.D. 1628) is precisely in
point. The declaration was, that, by the common law, every
lighterman ought so to manage his lighter that the goods carried
therein should not perish. "And although no promise laid, it
seemed to the court that the plaintiff should recover; and not
alleging that defendant was common lighterman was no harm. Hyde,
C. J., delivery makes the contract." This did not mean that
delivery was a good consideration for a promise; but, as was laid
down in Southcote's Case, that delivery, without a special
acceptance to keep only as one's own goods, bound the bailee to
keep safely, and therefore made it unnecessary to allege either
an assumpsit or the defendant's common calling. Whitlock, J.
called attention to the fact that the action was tort, not
contract. "Et en cest case ... Southcote's Case fuit cite.
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