Smith v. Willis-Gertrude-Geddes Funeral Homes, Inc.

Whether a vehicle is a common or public carrier is determined by the circumstances of its operation. The two circumstances of operation which clearly affirm public carrier status are as follows:

1. That it carries people and goods belonging to others for their benefit and for hire.

2. That it is held out as willing to serve the public. Ciaccio v. New Orleans Public Belt Railroad, et als., 285 F.Supp. 373 (5th Dist., 1978). Taxi cabs, city buses, even school buses have been held to be public carriers. Addison v. Checker Cab Co., 337 So.2d 592 (La.App. 4th, 1976); Sepulvado v. General Fire and…