Definition of CARRIERS


CARRIERS

contracts. There are two kinds of carriers, namely, common
carriers, (q. v.) who have been considered under another head; and private
carriers. These latter are persons who, although they do not undertake to
transport the goods of such as choose to employ them, yet agree to carry
the goods of some particular person for hire, from one place to another.


2. In such case the carrier incurs no responsibility beyond that of any
other ordinary bailee for hire, that is to say, the responsibility of ordinary
diligence. 2 Bos. & Pull. 417; 4 Taunt. 787; Selw. N. P. 382 n.; 1 Wend.
R. 272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577; Jones, Bailm. 121;
Story on Bailm, 495. But in Gordon v. Hutchinson, 1 Watts & Serg. 285, it
was holden that a Wagoner Who carries goods for hire, contracts,the responsibility
of a common carrier, whether transportation be his principal and direct
business, or only an occasional and incidental employment.

3. To bring a person within the description of a common carrier, he must
exercise his business as a public employment; he must undertake to carry
goods for persons generally; and he must hold himself out as ready to engage
in the transportation of goods for hire, as a business; not as a casual
occupation pro hac vice. 1 Salk. 249; 1 Bell"s Com. 467; 1 Hayw. R. 14;
1 Wend. 272; 2, Dana, R. 430. See Bouv. Inst. Index, b. t.

Source: Bouviers Law Dictionary 1856 Edition

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