Lehman, Stern & Co. v. Morgan's L. & T. R. R. & S. S. Co.

DisseNtxng Opinion.

MOORE, J.

T am of opinion that the responsibility of a common carrier for loss of, or damage to, the thing intrusted to1 him for carriage is the same under the civil law as it is at common law.

At common law the only causes which will excuse the carrier for a non-performance of his contract must be events falling within the meaning of the expression “act of God or the public enemy.”

The earliest use of the term “Act of God” that can be found in the English reports, is by Sir Edward Coke, 1 Co. 976, in *2411581, in Shelly’s case, speaking of the death of a man, and he uses it…