CHAPTER XII. 



CAEETING HORSES. 



A COMMON carrier is a person who undertakes for hire to A common 

 transport from place to place, either by land or water, the "^^rrier. 

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

 A person who carries persons onli/ is not a common 

 carrier (b). 



Railway companies are common carriers (c). But their Railway 

 duties and obligations differ in some respects from those •'ompiiiiies 

 which attach to common carriers by virtue of the statutes carriers. 

 under which they are constituted, and of other Acts, more 

 especially the Railway and Canal Traffic Act, 1864 {d). 



A common carrier is bound to convey to and from the Duty of 

 places within which he professes to ply (although one of common 

 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 convey- 

 ing (/)• 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 



(a) Coffffs V. Bernard, 1 Smith's (d) 17 & 18 Vict. c. 31; see post, 



L. C. 9th ed. 201 ; Trent and Mersey p. 255. 



Navigation y. Wood, 3 Esp. 127 ; [e] Crouch v. London and North 



S. C, i Doug. 287. Western Sail. Co., 23 L. J., C. P. 



(i) See Cotfffsy. Bernard,! Smith's 73. 

 L. C, 9th ed. 201, and cases there (/) See Co^gs v. Burnett, ubi 



cited. supra ; F'lchford v. Grand Junction 



(c) Coggs v. Bernard, ubi supra ; Bail. Co., 10 M. & "\V. 399 ; Parker 



Palmer y. Grand Junction Canal Co., v. Great Western Bail. Co., 7 Scott, 



4 M. & "W. 749; Pickford T. Grand N. R. 835. 



Junction Bail. Co., 10 M. & W. 399 ; (y) Taylor v. Great Northern Bail. 



Parker v. Great Western Bail. Co., Co., L. R., 1 C. V. 385 ; 35 L. J., 



7 Scott, N. E. 835. C. P. 210. 



