Shelden v. Robinson
Superior Court of New Hampshire
Assumpsit. The declaration alleged that the defendant, being a common carrier, received of the plaintiff $148, at Boston, to be transported, for hire, from that place to Portsmouth, and there delivered to the plaintiff, and that the defendant had failed to deliver it. There was also a count for money had and received.
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Assumpsit. The declaration alleged that the defendant, being a common carrier, received of the plaintiff $148, at Boston, to be transported, for hire, from that place to Portsmouth, and there delivered to the plaintiff, and that the defendant had failed to deliver it. There was also a count for money had and received. At the trial in the Common Pleas, it appeared that the defendant received the money in Boston, to be transported to Portsmouth, as alleged ; that he was at that time in the employ of the stage coach company as a driver, and that he was in the habit constantly of carrying…
1Opinion of the CourtParker, J.
The term common carrier is technically descriptive, and does not embrace every person who undertakes to carry goods for hire.
“ To bring a person within the description of a common “ carrier, he must exercise it as a public employment; he “ must undertake to carry goods for persons generally; and “ he must hold himself out as ready to engage in the trans- “ portation of goods for hire, as a business and not as a “ casual occupation, pro hac vice. A common carrier has, “ therefore, been defined to be one who undertakes, for hire “ or reward, to transport the goods of such as choose to “ employ…
2Cases cited3 opinions
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
- Roberts v. TurnerNew York Supreme Court · 1815
- Moses v. NorrisSuperior Court of New Hampshire · 1828
3Cited by1 opinion
- Bean v. SturtevantSuperior Court of New Hampshire · 1835