Mahlon Pitney

“ It is not easy to see why the consideration-not a large one-which is permitted to support the agreement to a limited liability on the part of the carrier should do double duty by serving also to uphold a like limitation of the liability of a warehouseman,-the latter not agreeing to abate any part of proper storage charges. ”

“ To allow that consideration would be to permit the carrier to cast off his obligation as carrier and take up a lighter burden, while he denies to the shipper all right to share in the benefit of the changed relation. The rate which the warehouseman may charge for storage remains unaffected by the release of liability as a carrier. The warehouseman could collect the reasonable value of his service whether the limitation of the carrier's liability was or was not stipulated. ”

“ The court considered that the declaration of value stamped upon the bill of lading, and signed by plaintiff's agent, carried no suggestion that it should inure to the advantage of a warehouseman after becoming inert for the relief of the carrier, and that the custody and protection of the goods as warehouseman is a distinct service from that of their transportation, and for it additional compensation may be charged; proceeding as follows: 'The additional compensation is not at all diminished in this case because of the agreement of limitation of liability. ”