Section 65. When a common carrier, summoned as trustee in a civil action, has in his or its possession goods shipped by or consigned to a defendant in such action, such carrier, in the absence of collusion or fraud on his or its part, shall not, except as otherwise provided in chapter one hundred and eight, be held liable to the owner or consignee by reason of his or its failure to transport and to deliver said goods, until the attachment is dissolved or the carrier is discharged as trustee.
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