order can be made where such value has not been found. (1) The regular and legal finding of the jury, under s. 78, is a finding of so much for the value of the thing detained, and so much by way of damages for its detention. If the value of the chattel is not assessed by the jury, the course provided by s. 78 is not applicable. The Court of Chancery has also jurisdiction to order a specific chattel to be delivered up to the person seeking to enforce his right to it, where the latter has not fixed the price of the article, or assessed its value, and thereby furnished the measure of his own damages. (u) 646. Assessment of value.--The value of the thing detained should be assessed at the highest price it bore in the market at any time during the period of its detention; (x) and where the value is doubtful, and the defendant might have returned it if he had thought fit, every fair presumption and inference should be made in favor of the owner of the property seeking its restitution, and against the wrong-doer who has detained it from him. But where the value of the article lies peculiarly within the knowledge of the plaintiff, he should prove the value of it, in order to enable the jury to make a correct assessment of the damages. Thus, when he sues for the detention of letters and documents, he should prove the nature of the letters, and of what use they were to him. () If he sues for the detaining of title-deeds, he should prove the value of the property to which they refer, and that the deeds are essential to the establishment of the title, and he will then be entitled to have the damages assessed at the value of the estate. (≈) Having assessed the value of the thing detained, the jury should then assess a certain sum by way of damages for the detention of it. Those who take upon themselves to detain the property of another are answerable for all the consequences that naturally result, in the ordinary course of things, from the wrongful act. (a) 647. Assessment of damages where the whole, or part, of the goods have been delivered up after action.-The object of an ac (1) Chilton v. Carrington, 15 C. B. 730; 24 Law J., C. P. 78. (u) Dowling v. Betjemann, 2 Johns. & H. 544. (x) Archer v. Williams, 2 C. & K. 27. Barrow v. Arnaud, 8 Q. B. 609. (y) Anderson v. Passman, 7 C. & P 197. () Roll. Abr. DETINUE, E. (a) Davis v. Lond. and North-West. Rail. Co., 7 W. R. 105. tion for detaining goods is to recover the goods in specie, or their value to be assessed by a jury, and also damages occasioned by their detention. This object is only partially answered by the delivery of the goods to the plaintiff, and their acceptance by him after the commencement of the suit; the plaintiff having a right to recover by the verdict of the jury the damage he has sustained by reason of the goods having been improperly detained. If all or any of the goods have been delivered up after suit, the plaintiff can have no judgment to recover them or their value, but he may have judgment to recover damages for their detention if the plaintiff has sustained any; and for the residue not delivered up, the plaintiff may have the usual judgment to recover them or their value and damages for their detention. (b) In an action of detinue for several goods, which were collectively valued at one sum in the declaration and by the jury, it was held that if all the goods were not given up,-if one article was withheld,-the defendant. was liable for the value of all; but in detinue for two things, the defendant may before verdict give up one, and plead as to the other. (c) If there is a good defense to part of the goods, by reason that the defendant was always ready to deliver thein, the jury must assess the value of the residue of the goods, and damages for the detention, but none as to the goods delivered up. If there was no defense as to them, then the jury must assess the value of the residue of the goods, and damages for⚫ the prior detention of those that were delivered up. (d) The jury may find the fact of a return or re-delivery of the chattel specially, and confine themselves to an assessment of damages for the detention of it. In an action for detaining railway scrip, which had been delivered up to the plaintiff after the commencement of the action, under a judge's order, it was held that the judge was warranted in directing the jury at the trial, that in estimating the damages they might take into consideration the difference in the value of the scrip at the time of the demand and the time of its delivery to the plaintiff under the judge's order. (e) (b) Crossfield v. Such, 8 Exch. 165; 22 Law J., Exch. 65. (c) Bro. Abr. TENDER, pl. 39. (d) Crossfield v. Such, ut sup. Pawly v. Holly, 2 W. Bl. 853. (e) Williams v. Archer, 5 C. B. 318 Barrow v. Arnaud, 8 Q. B. 609. Where railway-scrip shares or stock have been unlawfully detained after demand, and given up after the commencement of the action, the measure of damages is the highest sum the scrip could have been sold for during the period of the detention, deducting the value of it at the time it was received back by the plaintiff. The wrong-doer can not get off with less than that, and may have to pay greater damages. (f) Whenever the defendant has wrongfully detained the plaintiff's chattels, or has wrongfully withheld from him the means of obtaining possession of them, he is answerable for all the loss naturally resulting in the ordinary course of things from his wrongful act, provided the special damage is specified and claimed in the plaintiff's declaration. (g) 648. Evidence in mitigation of damages.—A defendant who has wrongfully detained the plaintiffs horse can not make the expense of the horse's keep, whilst he was wrongfully detained, a ground for reduction of the damages. () 27. (f) Archer v. Williams, 2 C. & K. (g) Barrow v. Arnaud, 8 Q. B. 610. () Wormer v. Biggs, 2 C. & K. 36. CHAPTER X. OF NEGLIGENCE OF BAILORS AND BAILEES-LIABILITIES OF COMMON CARRIERS, COMMON FERRYMEN, COMMON INNKEEPERS AND LODGING-HOUSE KEEPERS. (a) SECTION I.-Of negligence and breach of duty on the part of common carriers. 649. Duties and responsibilities of common carriers. 650. Who may be said to be a com mon carrier. 651. Public profession of railway companies through their time-tables and toll-tables. 652. Duty of railway and canal companies to afford reasonable facilities for the carriage of passengers, merchandise, and chattels. 653. Loss of goods by common carriers. 654. Concealment of risk by consign ors. 655. Contributory negligence. 656. Inability of the cominon carrier to rid himself of the public duties imposed upon him. 657. Statutory protection of common carriers in respect of the carriage of gold and silver, titledeeds, &c. 658. Of the fixing up of notices required by the statute. 659. When a declaration of value is a condition precedent to any liability on the part of the common carrier. 660. By whom the declaration of value is to be made, and the increased rate of carriage paid. (a) See further as to common carriers, Addison on Contracts, ch. 12; innkeepers 661. Articles to which the statute extends. 662. Losses covered by the statute. 663. Loss of goods from theft by the common carrier's serv ants. 664. Inability of railway, canal, and steamboat companies, to exonerate themselves from liability for their own neglect, default, or breach of duty, by notice, condition, or declaration. 665. Signature of notices, conditions, declarations, and special con tracts. 666. What are just and reasonable conditions respecting the receiving, forwarding, and delivering goods. 667. Commencement and duration of the liability-Damage or loss of goods in warehouses. 668. Delivery of goods at the place of destination. 669. Delivery of luggage at railway stations. 670. Acceptance of goods and passengers to be carried beyond the limits of the ordinary destination. 671. Loss of passengers' luggage by railway companies. 672. Loss of merchandise carried as luggage. 673. Limitation of the liability of shipowners. and lodging-house keepers, ch. 10, s. 2, 6th ed. 674. Refusal of the consignee to receive the goods-Liability of the carrier as bailee. 675. Landing of goods by shipowners when the consignee fails to take them away. 676. Lien of common carriers. 677. Railway charges. 678. Charges for packed parcels. 679. Passenger fares—Right of a passenger to alight at intermediate stations. 580. Duties and responsibilities of common ferrymen. 681. Loss of goods by common ferrymen and common hoymen. SECTION II.-Negligence of common innkeepers and lodginghouse keepers. 682. Of the duty of common innkeepers to provide food and shelter for travelers and wayfarers. 683. Who may be said to be a common innkeeper. 684. Duty of the innkeeper to protect his guest from robbery and theft. 685. Limitation by statute of the lia bility of innkeepers. 686. Losses occasioned by the misconduct of the guest. 687. Who are guests and travelers. 688. Lien of innkeepers. 689. Detention of the person of the guest. 690. Liability of lodging-house keep ers. SECTION III.-Remedies against common carriers and common innkeepers for negli gence and breach of duty. 6c1. Summary proceedings against railway and canal companies. 692. Parties to be made plaintiffs in actions against carriers. 693. Parties to be made defendants. 696. Plea of not guilty. 698. Evidence at the trial-Proof of 699. Proof of a special contract. servants. 701. Proof of jus tertii by a common carrier. 702. Damages recoverable. 703. Loss of, or injury, to chattels from negligence. 704. Damages in respect of delay in delivery. 705. Injunction against railway companies to enforce compliance with the Railway and Canal Traffic Act. SECTION I. OF NEGLIGENCE AND BREACH OF DUTY ON THE PART OF COMMON CARRIERS. 649. Duties and responsibilities of common carriers.-Every common carrier is bound to accept and carry all such things as he publicly professes to carry for all persons who are ready and willing to pay him his customary hire, provided he has room in his cart or carriage for their conveyance, and has de |