Legal Opinion

Bennett v. Dutton

Superior Court of New Hampshire

Decided December 15, 1839PublishedCited by 2 opinions

Case. The declaration alleged, that the defendant was part owner, and driver, of a public stage coach, from Nashua to Amherst, and Francestown — that on the 31st January, 1837, the-plaintiff applied to him to be received into his coach, at Nashua, and conveyed from thence to Amherst, offering to pay the customary fare ; and that the defendant, although there was room in his coach, refused to receive the plaintiff.

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Case. The declaration alleged, that the defendant was part owner, and driver, of a public stage coach, from Nashua to Amherst, and Francestown — that on the 31st January, 1837, the-plaintiff applied to him to be received into his coach, at Nashua, and conveyed from thence to Amherst, offering to pay the customary fare ; and that the defendant, although there was room in his coach, refused to receive the plaintiff. It appeared in evidence, that at the time of the grievance alleged, there were two rival lines of daily stages, running-between Lowell,in Massachusetts, and Nashua — that Jonathan…

1Opinion of the CourtParker, C. J.

It is well settled, that so long as a common carrier has convenient room, he is bound to receive and carry all goods which are offered for transportation, of the sort he is accustomed to carry, if they are brought at a reasonable time, and in a suitable condition. Story on Bailment 328; 5 Bing. R. 217, Riley vs. Horne; (15 Eng. C. L. R. 426.)

And stage coaches, which transport goods as well as passengers, are, in respect of such goods, to be deemed common carriers, and responsible accordingly. Stoi-y 325.

Carriers of passengers, for hire, are not responsible, in all 'particulars, like common…

2Cases cited2 opinions

  1. Cole v. Goodwin & StoryNew York Supreme Court · 1838
  2. Markham v. BrownSuperior Court of New Hampshire · 1837

3Cited by2 opinions

  1. McKee v. OwenMichigan Supreme Court · 1866
  2. Moses v. Boston & Maine RailroadSuperior Court of New Hampshire · 1851

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