In Symons v. Darknoll /2/ (4 Car. I.), already cited
as decided on the authority of Southcote's Case, the goods were
spoiled, not stolen, and probably had not even perished in
specie. Before this time, the old rule had become an arbitrary
precedent, followed according to its form with little thought of
its true intent.
The language of Coggs v. Bernard is, that "the law charges the
person thus intrusted to carry goods as against all events but
acts of God and the enemies of the king." This was adopted by
solemn decision in Lord Mansfield's time, and it is now settled
that the common carrier "is liable for all losses which do not
fall within the excepted [200] cases." /1/ That is to say, he has
become an insurer to that extent, not only against the
disappearance or destruction, but against all forms of damage to
the goods except as excepted above.
The process by which this came to pass has been traced above, but
a few words may be added here. The Year Books, even in dealing
with the destruction (as distinguished from the conversion) of
chattels in the hands of a bailee, always state his liability as
based upon his fault, although it must be admitted that the
language is used alio intuitu. /2/ A jettison, in tempest, seems
to have been a good plea for a factor in the time of Edward III.
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