Bean v. Sturtevant
Superior Court of New Hampshire
Assumpsit. The cause was tried in the common pleas, upon the general issue, and a verdict taken by consent for the plaintiff, subject to the opinion of this court upon the following case.
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Assumpsit. The cause was tried in the common pleas, upon the general issue, and a verdict taken by consent for the plaintiff, subject to the opinion of this court upon the following case. The defendants were the proprietors of a stage coach, running from Conway to Concord : and the plaintiff, about the first of May, 1831. delivered to Perkins Drake, a driver employed by them, forty-two dollars in bank bills, to be carried to Meredith, and at the same time paid him twelve and a half cents for carrying the same. The bills were in a wrapper not sealed, directed to Stephen C. Lyford, Meredith, N.…
1Opinion of the CourtParker, J.
As a general rale, if the proprietors of a stage coach for passengers carry goods also for hire, they are in respect to such goods to be deemed common carriers. Story on Bailments, 325. This rule, however, cannot be applied, with justice, where a large sum of money is committed to them for transportation, and the compensation paid is such as is usually received for a trifling errand. 7 N. H. Rep. 164, Shelden vs. Robinson. But it is not necessary to consider this matter farther here. If these defendants are to be considered as mere bailees to carry for hire, and responsible for ordinary…
2Cases cited2 opinions
- Allen v. SewallNew York Supreme Court · 1829
- Shelden v. RobinsonSuperior Court of New Hampshire · 1834