express

always by the shortest line of communication, to all the principal cities in the South,—namely, Richmond, Charleston, Savannah, Mobile, Montgomery, New Orleans, Memphis, and other places,—and in so doing was aways afforded by those occupying the public office of a common carrier all necessary facilities therefor, and which facilities were by said carriers increased to the said Adams Express Company in proportion with the increase of the dem

Stated or declared, as opposed to implied. That which is made known, and not left to implication.

Stated or declared, as opposed to implied. That which is made known and not left to implication. It is a rule that when a matter or thing is expressed it ceases to be implied by law; expression facit cessare taciturn. Co. Litt 183.

Made known distinctly and explicitly, and not left to inference or implication. Declared in terms; set forth in words. Manifested by direct and appropriate language, as distinguished from that which is inferred from conduct. The word is usually contrasted with "implied." State v. Denny, 118 Ind. 449, 21 N. E. 274, 4 L. R. A. 65.

— Express abrogation. Abrogation by express provision or enactment; the repeal of a law or provision by a subsequent one, referring directly to it.
—-Express assumpsit. An undertaking to do some act, or to pay a sum of money to another, manifested by express terms.

— Express color. An evasive form of special pleading in a case where the defendant ought to plead the general issue. Abolished by the common-law procedure act, 1852, (15 & 16 Viet, c. 76, § 64.)

— Express company. A firm or corporation engaged in the business of transporting parcels or other movable property, in the capacity of common carriers, and especially undertaking the safe carriage and speedy delivery of small but valuable packages of goods and money. Alsop v. Southern Exp. Co., 104 N. C7278, 10 S. E. 207, 6 L. R. A. 271; Pfis-ter v. Central Pac. Ry. Co.., 70 Cal. 169, 11 Pac. 686, 59 Am. Rep. 404.

— Express consideration. A consideration which is distinctly and specifically named in the written contract or in the oral agreement of the parties. As to express "Conditions," "Co.ntracts," "Covenants," "Dedication," "Malice," "Notice," "Trust," and "Warranty," sce those titles.

expressed. Distinctly mentioned writing, as distinguished from what is abrogation: abrogation by express press assumpsit: an express undertaking. a consideration distinctly declared by itself. Express contract: a contract the declared at the time of making it. Express or declared in express terms, and usually guished from a trust implied by law. ranty expressed by particular words.

Mads known distinctly and explicitly, and not left to inference or implication. Declared in terms; set forth in words. Manifested by direct and appropriate language, as distinguished from that which is inferred from conduct. The word is usually contrasted with “implied.”

1. To declare in terms, state in words, mention distinctly, avow openly. Express; expressed. Openly tittered and avowed; stated or mentioned in words, oral or written; made known; opposed to implied: left to implication or inference; ^s, express or an express or expressed — abrogation, assumpsit or undertaking, condition, consent, consideration, contract, covenant, dedication, malice, repeal, trust, warranty,! qq. V. Seevalso Expekssio. (2) Intended for a special service; contracting for expedition in the transportation of packages: as, express — company,.business, facilities, matter. Express ear, See Bueglaey, p. 141, n. 2. Express companies are organized to carry small and valuable packages rapidly, in such manner as not to subject them to the danger of loss and damage which attends the transportation of heavy and bulky articles of commerce.2 See Package. Express companies are common carriers. Originally formed to transport money, treasure, and other valuables, they have become carriers of goods and merchandise generally.^ Before railroads came into use, common carriers by land delivered parcels to the consignees. Railway companies were held bound only to carry goods to their destination, and put them safely in a warehouse. To remedy this defect in the railway transportation of packages of great value in small compass, express companies were instituted. They undertake to deliver to the consignee in person.* The style " express forwarders " does not necessarily make them simple forwarders.* ' What they are is to be determined by the nature of their business, not by contracts made respecting their liability.* Express business. Involves the idea of regularity, as to route or time, or both. In the act of June 30, 1864, § 104 (13 St. L. 276), does not cover what is done by a person who carries' goods at special request, not running regular trips nor on regular routes,' 1 See 8 Bl. Com. 443; 101 V. S. 670. ' Southern Express Co. u. St. Louis, &c. R. Co., 10 F. E. ai3 (1882), Miller, J. See 3 Redf. Railw. 15, Carriers, 60, § 33: American Union Express Co. v. Robinson, 72 Pa. 278 (1872). ' Southern Express Co. v. Cook, 44 Ala. 473 (1870). <8 Eedf. Railw. 21; United States Express Co. v. Baokman, 28 Ohio St. 161 (1875). ' Christensou v. American Express Co., 16 Minn. 883 (1870). • Bank of Kentucky v. Adams Express Co., 93 U. S. The regulation of the business of an express company upon the property of a railroad company, in the absence of legislation, is for the parties themselves to determine... In a few States, by recent statutes or by judicial interpretation, railroad companies are required to furnish equal facilities to all express companies desiring to use their property... But the reason is obvious why special contracts are necessary. The transportation required is of a kind which must, if possible, be had for the most part on passenger trains. It requires not only speed, but reasonable certainty as to the quantity that will be carried at one time. As the things carried are to be kept in the personal custody of the messenger of the express company, a certain amount of car space must be set apart, and, as far as practicable, be put in the exclusive possession of the expressman in charge. As the business to be done is " express " it implies access to the train for loading at the latest, and for unloading at the earliest, convenient moment. All this is inconsistent with the idea of an express business on trains free to all express carriers. Passenger trains are primarily for the transportation of passengers and their baggage. This must be done with reasonable promptness and comfort to the passenger. The express business is in a degree subordinate to the passenger business, and it is consequently the duty of the railroad company in arranging for the express to see that there is as little interference as possible with the wants ofpassengers. This implies a special understanding as to the amount of car space that will be afforded, and the conditions on which it is to be occupied, the particular trains that can be used, the places at which they shall stop, the price to be paid, etc. It by no means follows that -because a railroad company can serve one express company in one way it can as well serve another company in the same way... As long as the public are served to their reasonable satisfaction, it is a matter of no importance who serves them. The railroad company performs its whole duty when it al^ords the public all reasonable express accommodations. The company may choose its own means of carriage, always provided they are such as to insure reasonable promptness and security.' See Carrier, Common.

EXPRESSED. [Lat. expressum, expressa; from exprimere, to declare openly.] Openly declared or signified; distinctly mentioned in words or set down in writing, as distinguished from what is implied by law. See infra.