Blanchard v. Isaacs
New York Supreme Court
Isaacs sued Blanchard before a justice, and declared in, trover for a coat, and also counted against him as a common carrier. Plea, the general issue. It was proved that Blanchard; was the proprietor of a stage coach running upon the river road from Whitehall to Troy, for the carrying of passengers and their baggage, and the United States mail. There was no. proof that he was in the habit of carrying goods, or packages, for hire or reward, for such as chose to employ him.
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Isaacs sued Blanchard before a justice, and declared in, trover for a coat, and also counted against him as a common carrier. Plea, the general issue. It was proved that Blanchard; was the proprietor of a stage coach running upon the river road from Whitehall to Troy, for the carrying of passengers and their baggage, and the United States mail. There was no. proof that he was in the habit of carrying goods, or packages, for hire or reward, for such as chose to employ him. It was proved by one Kelly, that on the 20th of September, 1846, he resided at Fort Miller and made a coat for the…
1Opinion of the Court
By the Court,
Willard, J.
A common carrier has been defined to be one who, as a regular business, undertakes for hire or reward to transport the goods of such as choose to employ him, from place to place. (Story on Bailm. § 495.) In this general sense of the term, Blanchard was not shown to be a common carrier. There was no evidence that he held him-V self out as a carrier of goods for hire, or that he ever carried any goods in his stages, other than the ordinary baggage of passengers. It is well settled, in this state, that the proprietor of a stage, which regularly carries for hire passengers…
2Cases cited1 opinion
- Orange County Bank v. BrownNew York Supreme Court · 1832
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- Ford v. MitchellIndiana Supreme Court · 1863
- Grosvenor v. New York Central RailroadNew York Court of Appeals · 1868
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