Fay

By the Court,

The question presented in this case is, are the owners of the steamer New World liable, as common carriers, for three thousand dollars’ worth of gold dust, lost under the following circumstances? Plaintiffs, on the 28thday of September, a short time before the departure of tbe steamer from Sacramento city, delivered to the clerk thereof a package of gold dust, containing $3000, the property of plaintiffs, and $500 belonging to other parties, to be taken to San Francisco. The steamer is used for the transportation of* passengers and freight between the two cities named. It appears that the officers have always refused to receive coin, gold dust, or bullion as freight; and that, to all persons indiscriminately, as well as to these plaintiffs, the clerk has given actual notice that he would receive gold dust or money only on condition that no charge should be made and no responsibility incurred. Plaintiffs made their shipment as above, after having' this notice. The vessel arrived at San Francisco at about eleven o’clock, P. M. The clerk seems to have exercised due diligence and precaution, for he locked his office and instructed the watchman to guard it. The safe was…