Carrier (transportation)

“ The Commission's final report found from the whole record that the protesting carrier was in fact able and willing to perform the proposed transportation service in the following respects, each of which is set forth explicitly in the report. (1) U.S.A.C., the protestant, is a specialized common carrier in he aircraft field, with approximately 60 percent of its present traffic consisting of fragile parts, like the landing-gear bulkheads whose transportation is needed for Boeing Airplane Company, the shipper. ”

“ The shippers claimed: 'It is the carrier's duty to supply cars at all seasons of the year, fully equipped for the safe transportation of grain, potatoes, and other produce in bulk without further fitting ”

“ The freight forwarder charged a rate covering the entire transportation and made its profit by consolidating the shipment with others in carload quantities to take advantage of the spread between carload and 1. c. 1. rates. It held itself out not merely to arrange with common carriers for the transportation of the goods, but rather to deliver them safely to the consignee. The shipper seldom if ever knew which carrier would be utilized in the carriage of his shipment. ”

“ No obligation of the carrier, whether the freight consists of goods or live-stock, is more strictly enforced.' [1] The same principle necessarily applies to the receiving of live-stock by the carrier for transportation. The carrier must at all times be in proper condition both to receive from the shipper and to deliver to the consignee, according to the nature of the property to be transported, as well as to the necessities of the respective localities in which it is received and delivered. ”

“ Contract Carrier Application, supra. The desire of a shipper to engage the services of a particular carrier, although based on sound and legitimate business reasons, does not control decision as to transportation needs, and is not, standing alone, enough to require a finding that the proposed service would be consistent with the public interest or national transportation policy. ”

“ The law of the common carrier is the same to-day as when transportation on land was by coach and wagon, and on water by canal boat and sailing vessel, yet in its actual operation it touches and regulates transportation by modes then unknown, the railroad train and the steamship. ”

“ The White City, 285 U.S. 195, 52 S.Ct. 347, 76 L.Ed. 699. But though a contract carrier, the tug may as effectively command the market and have as complete control of the tow and cargo as any common carrier. ”

“ It is the duty of the carrier to see that his barge is capable of resisting these forces without subjecting the carge to injury. She must be so tight that the water will not reach the cargo, so strong that these ordinary applications of external force will not spring a leak or sink her, so sound that she will safely carry the cargo in bulk through these ordinary shocks to which she must every day be subjected. If she is capable of this she is seaworthy; if she is not, she is unfit for the navigation of the river. ”

“ On these assumptions the argument is that cargo has also a function as ballast; that if, for instance, the loss is caused by the improper shifting of pigs of lead, it does not matter whether they are called ballast or cargo, but in either case, so far as the change affects the fitness of the ship as a carrier, it is management of the vessel, within the act. ”

“ A carrier's first duty, and one that is implied by law, when he is engaged in transporting goods by water, is to provide a seaworthy vessel, tight and stanch, and well furnished with suitable tackle, sails, or motive power, as the case may be, and furniture necessary for the voyage. She must also be provided with a crew, adequate in number and sufficient and competent for the voyage, with reference to its length and other particulars, and with a competent and skilful master, of sound judgment and discretion ”

“ The carrier is no more an angel than other human beings, no matter whether pink or black; he has all the imperfections and the love of self-preservation of the brother who calls himself white. I remember once having all the loads laid out ready for the start and then giving the order for each man to choose his load. It was evident the carriers had mentally marked the load each would like to seize, for a dash was made for a small box only about 18 inches square and having the appearance of a 20 lb. load—but it was a case of cartridges weighing 80 lbs.! ”

“ Sir Edward Harland
The place of the old cargo boat was in course of time taken by the so-called “tramp,” the modern [Pg 31] cargo carrier—a good wholesome ship, a large carrier, with sufficient power to take care of herself in all weathers. With modern machinery a tramp can go to the ends of the earth without replenishing her coal supply. One remarkable change has taken place which would have shocked the shipowners of fifty years ago; steamers no longer carry sails and the tendency is to do away with masts. The “standard” ship has only one mast, which is only used for signalling. ”

“ If, prior to the commencement of the voyage, a passenger has become incapable of making the voyage because of death, illness, or any other act of god, the carrier may demand three-tenths of the freight, and if any of such reasons have occurred after the commencement of the voyage, the carrier may, at his option, demand either three-tenths of the freight or freight in proportion to the carriage performed. ”

“ In considering railway law, nearly every thing appears to turn upon the great question of what constitutes a "common carrier," and if this point is once clearly established in a given case, the rights, liabilities, and immunities of a common carrier are pretty clearly defined by the authorities. We learn, then, that a "common carrier" is one who undertakes the conveyance of goods or passengers for hire or reward, and therefore stands in the light of a bailee. ”

“ The result was that he had to settle his damages at what he could get. What have we done? We have made the initial carrier, the carrier that takes and receives the shipment, responsible for the loss of the article in the way of damages. ”

“ Our commercial ships and marine infrastructure-and the dedicated men and women who are part of our maritime industry and U.S. Merchant Marine-continue to meet the challenges and opportunities of a rapidly changing marketplace and the expanding globalization of trade. Our merchant fleet is a key component of our Nation's intermodal transportation system, carrying more than one billion tons of cargo between domestic ports and supporting our connection to overseas markets. ”

“ The men who would bring it would also bring a certain amount of freight for various points on the Meta. Here, then, was a ray of hope. If our own men and animals should fail us, we might be able to prevail on the mail carriers to give us the necessary means of transportation for ourselves and baggage. ”

“ By § 208 (a) the certificate must specify 'the service to be rendered' by the carrier. As we have noted, a 'common carrier by motor vehicle' was defined in § 203 (a) (14) as one who 'undertakes' to transport 'passengers or property, or any class or classes of property, for the general public'. That definition is the same for irregular and regular route carriers. It is plain that a carrier's holding out and actual performance may be limited to a few articles only. That is to say he may be a common carrier only of a restricted number of commodities. ”

“ The fitting of a landing-on or flying-off platform or deck on a capital ship, cruiser or destroyer, provided such vessel was not designed or adapted exclusively as an aircraft carrier, shall not cause any vessel so fitted to be charged against or classified in the category of aircraft carriers. ”

“ Driver of interchanged equipment.-Each carrier must assign its own driver to operate the equipment that is proposed to be operated from and to the point or points of interchange and over the route or routes or within the territory authorized in the participating carriers' respective certificates of public convenience and necessity. ”

“ COMMERCIAL CARGO OPERATIONS- The term `commercial cargo operations' means aircraft operations by a commercial cargo or freight carrier in cases in which cargo is delivered to or flown from the installation under established schedules, except that the term does not include any cargo operations undertaken by or on behalf of any user of the installation or cargo operations related to the national defense, homeland security, and emergency preparedness missions of the installation. ”

“ Moderate dimensions in store- and coal-carriers would prove convenient, not only because it would facilitate taking in stores and coaling, if all the squadron were assembled at one place, but also if part were at one place and part at another. Division into several vessels, instead of concentration in a few, would give great flexibility to the system of supply. A single very capacious cargo-carrier might have to go first to one place and supply the ships there, and then go to supply the remaining ships lying at another anchorage. ”

“ Does the reader remember the time when all such goods were brought by carriers? How often they got broken if intrusted to the stage-coaches, how rarely if they came by the carrier. The carrier's waggon was securely packed, and time was of no object to the driver, he went very slowly and very [216] carefully over bad ground. The carrier's life was a very jolly one, and few songs were more popular in the west of England than that of The Jolly Waggoner ”

“ We have held that shipping instructions, given to a freight conductor on a common carrier prior to any movement, put a car into interstate commerce [12] when the instructions were for shipment to an out-of-state destination after a preliminary transit between points in the state of loading. When a shipper delivers his commodity to a common carrier with instructions for billing by such carrier without purposeful delay via another or other common carriers to an out-of-state destination, we think interstate commerce has begun. ”

“ The landing or shipment of cargo is not necessarily confined to certain fixed stations, as is obligatory on railways, but boats can stop at any point on their journey to load and unload, and discharge their cargoes direct over the ship's side. ”

“ But the analogy between goods awaiting delivery at the end of the route and goods awaiting further conveyance by a connecting carrier, so far as the requisite of notice in each case is concerned, we think exists, and should be recognized. ”

“ Merchant marine: total: 1,287 ships (1,000 GRT or over) totaling 22,396,164 GRT/37,390,720 DWT ships by type: bulk 350, cargo 404, chemical tanker 38, combination bulk 20, combination ore/oil 15, container 55, liquefied gas tanker 1, livestock carrier 2, multifunction large-load carrier 3, oil tanker 269, passenger 7, passenger-cargo 1, railcar carrier 1, refrigerated cargo 43, roll-on/roll-off cargo 42, short-sea passenger 17, specialized tanker 3, vehicle carrier 16 note: a flag of convenience registry ”

“ Another important limitation which renders it impossible to give a passenger ship the elaborate subdivision of a warship, is the necessity of providing large cargo spaces and wide hatchways for the convenient handling and stowage of the freight, upon which a large proportion of the passenger-carrying vessels chiefly depend for their revenue. ”

“ Inasmuch as a railroad company is bound to carry both passengers and freight, the obligation of the appellee required it to furnish all necessary rolling stock and equipment for the suitable and proper operation of the railroad as a carrier of passengers, no less than as a carrier of freight. It cannot be said that the carrier of passengers in a car attached to a freight train is a suitable and proper operation of a railroad, so far as the carriage of passengers is concerned. ”

“ A common carrier, as a general rule, is bound by the common law to receive and carry, to those places which he holds himself out as carrying to, all goods offered to him for that purpose, from all persons alike upon the tender of payment for his hire ”

“ The higher grade of carriers are distinguished from the lower by wearing a livery of the department and at its expense, viz.:—a scarlet coat with a blue collar, and buttons stamped with an impression of the royal arms. The carriers of the two-penny post wear the common citizens’ dress.
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We have alluded to the general character of the letter-carriers of our city, and, we may justly and proudly say, of our country, being equal in point of moral standard, correct deportment, and honesty of purpose, to any other (public) class of men in the Union. ”

“ Those bound up-stream, under full sail, like ourselves, are piled with European boxes and bales, from stem to stern; and on top of the freight, in the midst of the freight, sitting on it, stretched out on it, peeping from it, is another cargo of human beings, men, women and children, black, yellow, clothed in all the hues of heaven and the rags of earth. It is an impassive load that stares at us with incurious, unwinking eyes. ”

“ As you land you are struck on all sides with the unusual activity around you. Long sinuous trains of loaded cargo trucks are coming and going, locomotive whistles warning the pedestrian to beware, lines of rails intersecting each other, crowds of lumpers, and the busy air of a large shipping centre bewilder you, and you are carried back to some old-world port where ships of all nations call and disgorge their lading. ”

“ Another use for large airships would be the carrying of freight of high intrinsic value, such as valuable ores, from places otherwise inaccessible, or not provided with other means of direct transport. ”