| 词汇 | Common Carrier |
| 释义 | `1`Common Carrier `2` "Legal Lexicon": COMMON CARRIER - Transporter who holds himself out to the general public for the transportation of goods over a definite route and according to a regular schedule. One who undertakes for hire or reward to transport the goods of any who may choose to employ him, from place to place. Common carriers are generally of two descriptions, namely carriers by land and carriers by water. Of the former description are the proprietors of stage coaches, stage wagons or expresses which ply between different places and carry goods for hire; and truckmen, teamsters, cartmen and porters who undertake to carry goods for hire as a common employment from one part of a town or city to another are also considered as common carriers. Carriers by water are the masters and owners of ships and steamboats engaged in the transportation of goods for persons generally for hire and lightermen, hoymen, barge-owners, ferrymen, canal boatmen and others employed in like manner are so considered. By the common law a common carrier is generally liable for all losses which may occur to property entrusted to his charge in the course of business, unless he can prove the loss happened in consequence of the act of God, or of the enemies of the United States, or by the act of the owner of the property. In respect to carriers by land the rule of the common law seems every where admitted in its full rigor in the states governed by the jurisprudence of the common law. Louisiana follows the doctrine of the civil law in her code. Proprietors of stage coaches or wagons, whose employment is solely to carry passengers, as hackney coachmen, are not deemed common carriers; but if the proprietors of such vehicles for passengers also carry goods for hire they are, in respect of such goods, to be deemed common carriers. The like reasoning applies to packet ships and steam-boats, which ply between different ports, and are accustomed to carry merchandise as well as passengers. The rule which makes a common carrier responsible for the loss of goods, does not extend to the carriage of persons; a carrier of slaves is, therefore, answerable only for want of care and skill. A common carrier of goods is in all cases entitled to demand the price of carriage before he receives the goods, and if not paid he may refuse to take charge of them; if, however, he take charge of them without the hire being paid he may afterwards recover it. The compensation which becomes due for the carriage of goods by sea, is commonly called freight. The carrier is also entitled to a lien on the goods for his hire, which, however, he may waive; but if once waived, the right cannot be resumed. The consignor or shipper is commonly bound to the carrier for the hire or freight of goods. But whenever the consignee engages to pay it, he also becomes responsible. It is usual in bills of lading to state that the goods are to be delivered to the consignee or to his assigns, he or they paying freight, in which case the consignee and his assigns by accepting the goods impliedly become bound to pay the freight, and the fact that the consignor is also liable to pay it will not, in such case, make any difference. What is said above relates to common carriers of goods. The duties, liabilities and rights of carriers of passengers are now to be considered. These are divided into carriers of passengers on land and carriers of passengers on water. First, Of Carriers Of Passengers On Land. The duties of such carriers are 1st. those which arise on the commencement of the journey. - 1. To carry passengers whenever they offer themselves and are ready to pay for their transportation. They have no more right to refuse a passenger, if they have sufficient room and accommodation, than an innkeeper has to refuse a guest. - 2. To provide coaches reasonably strong and sufficient for the journey, with suitable horses, trappings and equipments. Go to Common Carrier2 |
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