264 



CARRYING HORSES. 



CARRYING HORSES. 



A Common 

 Cai-rier. 



Railway 



Companies 



Common 



Carriers. 



Duty of 

 Common 

 Carriers. 



A Common Carrier is a person who undertakes for hire 

 to transport from place to place, either by land or water, 

 the goods of such persons as think fit to employ him (a). 

 A person who carries persons onI>/ is not a Common 

 Carrier {b). 



Railway Companies are Common Carriers (c). But 

 their duties and obligations differ in some respects from 

 those which attach to Common Carriers by virtue of the 

 Statutes under which they are constituted, and of other 

 Acts, more especially the Eailway and Canal Traffic Act, 

 1854 {d). 



A Common Carrier is bound to convey to and from the 

 places within which he professes to ply (although one of 

 those places may be without the realm (e) ), the goods of 

 any person who offers to pay his hire, unless his carriage 

 be already full, or the risk sought to be imposed upon him 

 be extraordinary, or unless the goods be of a sort which he 

 cannot convey, or which he is not in the habit of con- 

 veying (/). He is not, in the absence of a special contract, 

 bound to carry within any given period of time, but only 

 within a time which is reasonable, regarding all the circum- 

 stances of the case ; and he is not responsible for delay 

 arising from causes beyond his control {g). He is bound 

 to deliver the goods safely, and in the same condition as 

 when they were received ; or in default thereof to make 

 compensation to the owner for any loss or damage which 

 happens while the goods are in his custody, except 

 such loss or damage as arises from the act of God, as 

 storms, tempests, and the like ; or from the Queen's 

 enemies {/>). Act of Grod means not merely an accidental 



(ff) C'offffs V. Bernard, 1 Smith's 

 L. C. Sth ed. 199 ; Trent and Mersey 

 Navigation v. Wood, 3 Esp. 127 ; 

 S. C. 4 Doug. 287. 



{h) See Co(jgs v. Bernard, 1 Smith's 

 L. C., 8th ed. 199, and cases there 

 cited. 



(c) Coqgs V. Bernard, 1 Smith's 

 L. C. 8th ed. 199 ; Palmer \. Grand 

 Junction Canal Co., 4 M. &W. 749 ; 

 Pichford V. Grand Junction Jxaihrag 

 Co., 10 M. & W. 399; Parl-er v. 

 Great Western Eailwatj Co., 7 Scott, 

 N. R. 835. 



{d) 17 & 18 Vict. c. 31 ; see post, 



p. 269. 



(f) Crouch V. London and Xorth 

 Western Bailway Co., 23 L. J., C. 

 P. 73. 



(/■) See Coggs v. Bernard, 1 

 Smith's L. C. 8th ed. 199 ; Chit. 

 Contr. 7th ed. 433 ; Piekford v. 

 Grand Junction Railway Co., 10 M. 

 & W. 399 ; ParJccr v. Great Western 

 Bailway Co., 7 Scott, N. R. 835. 



[(/) Tai/lorw Great Northern Rail- 

 vay Co.,'L. R., 1 C. P. 385 ; 35 L. 

 J., C. P. 210. 



{h) Crouch v. Great Western Rail- 

 way Co., 11 Ex. 742. 



