The Law of Carriers of Goods And Passengers, Private And Public, Inland And Foreign, By Railway, Steamboat, And Other Modes of Transportation, Also, the Construction, Responsibility, And Duty of Telegraph Companies, the Responsibility And Duty of Innkeepe

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484.
14 Skinner v. L. B. & S. Railw., 6 Exch. 787 ; s. c, 2 Eng. L. & Eq. 360; Cleve- land, Co., & Cin. Eailw. v. Terry, 8 Ohio (N. S.) 570. But see Peoria Br. Ass.
V. Loomis, 20 III. 235.
15 Peters ti. Rylands, 20 Penn. St. 497.
16 Ante, pt. ii., oh. ii.
§§ 343-347.] DEGREE OP CARE REQUIRED. 265 § 347. The carriers of passengers only contract for their own acts, and for such a degree of watchfulness and dili- gence as is practicable, short of incurring an expense which would render it altogeth
...er impossible to continue the business. Thus it was said, in a recent case,^^ that " the care and diligence to be used by both parties are to be measured by the known perils to which passengers are exposed by the particular kind of conveyance used." And in another case in the same State ■'^ it is said : " While courts, in announcing the rule governing common carriers of persons, have said, that they must be held to the utmost degree of care, vigilance, and precaution, it must be under- stood that the rule does not require such a degree of vigi- lance as will be wholly inconsistent with the mode of con- veyance adopted and render it impracticable.

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