Cook v. Gourdin
Supreme Court of South Carolina
This was a special action on the case against the defendant, as a common carrier. Mr. Gourdin was the owner of a ferry on Santee river, commonly called and known by the name of Murray’s Ferry. And Oook, the plaintiff in this action, was a citizen of North Carolina, who lost two wagon horses by the unskilful management of the! boatmen, who had the charge or direction of the boat' or flat, in which the plaintiff, with Ms wagon and horses, was crossing the river.
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This was a special action on the case against the defendant, as a common carrier. Mr. Gourdin was the owner of a ferry on Santee river, commonly called and known by the name of Murray’s Ferry. And Oook, the plaintiff in this action, was a citizen of North Carolina, who lost two wagon horses by the unskilful management of the! boatmen, who had the charge or direction of the boat' or flat, in which the plaintiff, with Ms wagon and horses, was crossing the river. It was, therefore, for the value of these two horses, that the present action was brought. *201 ^ was ™ brief, and not denied, that…
1Opinion of the Court
The opinion of the Court was delivered by
Bay, J.
The two first grounds may be considered together, as they are very nearly "allied to each other. And, as to them, I am clearly of opinion, with the presiding judge, who tried the cause, that every ferryman should be considered, in law, as a common carrier, and liable at all events, for the safe carriage of goods and passengers ; except in cases occasioned by the act of Grocl, or public enemies, which cannot be pretended in this case.
A common carrier is defined, in law, to be one who carries goods for hire ; and he is made liable for them in…
2Cited by1 opinion
- Jeff Hunt Machinery Co. v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1951