Gray v. Jackson
Supreme Court of New Hampshire
Assumpsit, by Calvin Gray against the defendants as common carriers. It was alleged in the declaration that the defendants received of the plaintiff, at Portsmouth, N. H., the sum of $41,-to be carried from Portsmouth to Reading, Mass., and there delivered to Nancy Thrasher. By agreement of parties the case was tried by the court, who found the following facts. The defendants are expressmen running from Portsmouth to Boston.
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Assumpsit, by Calvin Gray against the defendants as common carriers. It was alleged in the declaration that the defendants received of the plaintiff, at Portsmouth, N. H., the sum of $41,-to be carried from Portsmouth to Reading, Mass., and there delivered to Nancy Thrasher. By agreement of parties the case was tried by the court, who found the following facts. The defendants are expressmen running from Portsmouth to Boston. They receive, at Portsmouth, besides packages for Boston, packages for all parts of the country, and at the end of their route deliver them to other expres'smen to be…
1Opinion of the CourtDob, J.
“ Whenever any subject takes upon himself a public trust for the benefit of the rest of his fellow-subjects, he is eo ipso bound to serve the subject in all the-things that are within the reach and comprehension of such an office, under pain of an action against him,” says Holt, C. J., in Lane v. Cotton, 12 Mod. 472, 484, where he names innkeepers and common carriers as engaged in public official duties. One who, in the language of Lord Holt, “has made profession of a public employment,” or “ exercises a public employment ” ( Coggs v. Bernard, 2 Ld. Raym. 917), is bound to serve the public…
2Cases cited30 opinions
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Illinois Central Railroad v. CopelandIllinois Supreme Court · 1860
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
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3Cited by1 opinion
- National Labor Relations Board v. Marcus Trucking Co., Inc.Court of Appeals for the Second Circuit · 1961