Home1778 Edition

CARRIER

Volume 3 · 342 words · 1778 Edition

is a person that carries goods for others for hire. A common carrier having the charge and carriage of goods, is to answer for the same, or the value, to the owner. And where goods are delivered to a carrier, and he is robbed of them, he shall be charged and answer for them, because of the hire. If a common carrier who is offered his hire, and who has convenience, refuses to carry goods, he is liable to an action, in the same manner as an inn-keeper who refuses to entertain a guest. See Assumpsit.

One brought a box to a carrier, with a large sum of money, and the carrier demanded of the owner what was in it; he answered, that it was filled with silks, and such like goods; upon which, the carrier took it and was robbed, and adjudged to make it good; but a special acceptance, as provided there is no charge of money, would have excused the carrier.—A person delivered to a carrier's book-keeper two bags of money sealed up, to be carried from London to Exeter, and told him that it was L. 200, and took his receipt for the same, with promise of delivery for 10s. per cent. carriage and risk; though it be proved that there was L. 400 in the bags, if the carrier be robbed, he shall answer only for L. 200, because there was a particular undertaking for that sum and no more; and his reward, which makes him answerable, extends no farther. If a common carrier loses goods which he is intrusted to carry, a special action on the case lies against him, on the custom of the realm, and not trover; and so of a common carrier by boat. An action will lie against a porter, carrier, or barge-man, upon his bare receipt of the goods, if they are lost through negligence. Also a lighter-man spoiling goods he is to carry, by letting water come to them, action of the case lies against him, on the common custom.