Mercer v. Christiana Ferry Co.

Rodney, J.,

delivering the opinion of the court:

In this case, it may be assumed from the facts stated that the defendant, the ferry company, is a common carrier. The law is so settled in this particular that I shall not pause for the citation of authorities.

Being a common carrier, the question for determination is whether the defendant’s liability is an absolute one as insurer subject only to be denied upon a showing that the loss was occasioned by act of God or of the public enemy or whether the liability of the defendant arises only upon a showing of negligence on its part *492causing or…