CASES ADJUDGED

IN THE SUPREME COURT OF THE REPUBLIC OF LIBERIA AT THE OCTOBER TERM, 1973. NIGERIAN NATIONAL SHIPPING LINE, LTD., Appellant, v. TIP-TOP-TOOLS, INC., Appellee. APPEAL FROM THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT, MONTSERRADO COUNTY. Argued November 6, 1973. Decided November 23, 1973. 1. A bill of lading is an acknowledgment by a carrier that it has received goods for shipment and is also a contract to carry goods from a place to a point of destination and the consignee designated thereat to receive them. 2. Though a carrier contracts with the consignor of goods shipped, the consignee may maintain an action of damage against the carrier for loss or damage to the goods shipped. 3. Clauses limiting responsibility of the carrier in making delivery do not essentially change the general duties of the carrier in respect to delivery of cargoes. 4. Therefore, it is always incumbent upon the carrier to give due and reasonable notice of the time of delivery and to put the goods in a suitable place and under proper care and custody in the absence of the consignee. 5. To be valid, any provision in a contract of carriage limiting the liability of a carrier for damage to or loss of a cargo, or relieving it from liability therefor, must be drawn in accord with the law of Liberia applicable thereto. 6. Counsel fees will not be allowed as an element of damages sustained when an action is based upon loss of the market value of goods. 7. In an action to recover damages for loss of goods by a carrier, loss of profits may only be included therein when they were contemplated by the parties at the time of contract. 8. And if loss of profits is a proper item to include in a suit for damages, as for all special damages they must be especially pleaded and proved. 279