Faucher v. Wilson
Supreme Court of New Hampshire
■Case, against the defendant as a common carrier of goods, for the loss of a hogshead of molasses. Eacts found by the court. The defendant was engaged in the business of trucking goods for hire from the railway freight station in Manchester to different stores in the city. On one of the warmest days in the summer qf 1891, he transported a hogshead of molasses from the 'freight station to the plaintiff’s store on Elm street, a distance of a little over half a mile.
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■Case, against the defendant as a common carrier of goods, for the loss of a hogshead of molasses. Eacts found by the court. The defendant was engaged in the business of trucking goods for hire from the railway freight station in Manchester to different stores in the city. On one of the warmest days in the summer qf 1891, he transported a hogshead of molasses from the 'freight station to the plaintiff’s store on Elm street, a distance of a little over half a mile. By reason of the fermentation of the molasses, the hogshead burst while being unloaded. The plaintiff’s loss was not caused by any…
1Opinion of the CourtChase, J.
It is not found that the defendant was a common carrier. The finding, that he was engaged in the business of trucking goods for hire from the railway freight station to different stores in the city, lacks the distinguishing characteristic of a common carrier, namely, the holding of oneself out as ready 44 to carry at reasonable rates such commodities as are in his line of business, for all persons who offer them, as early as his means will allow.” Sheldon v. Robinson, 7 N. H. 157, 163; Elkins v. Railroad, 23 N. H. 275; Moses v. Railroad, 24 N. H. 71, 80, 88, 89; McDuffee v. Railroad, 52 N. H.…
2Cases cited6 opinions
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Nelson v. WoodruffSupreme Court of the United States · 1862
- Coupland v. Housatonic R. R. Co.Supreme Court of Connecticut · 1892
- Allen v. . SackriderNew York Court of Appeals · 1867
- Swetland v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dover, Somersworth & Rochester Street Railway Co. v. WentworthSupreme Court of New Hampshire · 1930
- Illinois Central Railroad v. BuckleyMississippi Supreme Court · 1966
- Minot Hooper Co. v. Crowley Industrial Bag Co.Louisiana Court of Appeal · 1969
- Sheldon v. StateSupreme Court of New Hampshire · 1974