Common carrier

“ A common carrier is such by virtue of his occupation, not by virtue of the responsibilities under which he rests. Even if the extent of those responsibilities is restricted by law or by contract, the nature of his occupation makes him a common carrier still. ”

“ 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 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. ”

“ Numerous secondary tests had been used to distinguish contract carriage, but each shared a common feature: the criterion of 'specialization, either in the nature of the physical operation, or in respect of the shippers served, without some showing of which contract carriage cannot be found to exist.' (At 711; italics in report.) A carrier might engage in specialized operations and remain a common carrier if it held itself out to perform similar service for any shipper that might want it, but unless it did so specialize it could not be a contract carrier. ”

“ Notes
↑ A common carrier is one 'which holds itself out to the general public to engage in the transportation by motor vehicle * * * of passengers or property.' A contract carrier is any 'person which, under individual contracts or agreements, engages in' such transportation. ”

“ As usually understood, to ship a package from one state into another, or from a foreign country into a state, is to accomplish its transportation from the one into the other by a common carrier, and is essentially a continuing act whose performance is begun when the package is delivered to the carrier, and is completed when it reaches its destination. ”

“ Upon the evidence presented, and there was no conflict in it, the law was with the plaintiff. The duty of a common carrier is not merely to carry safely the goods intrusted to him, but also to deliver them to the party designated by the terms of the shipment, or to his order, at the place of destination. There are no conditions which would release him from this duty, except such as would also release him from the safe carriage of the goods. The undertaking of the carrier to transport goods necessarily includes the duty of delivering them. ”

“ While one may be a common carrier even though the nature of the service offered is of use to only a segment of the population, NARUC I, 525 F.2d at 641, "... a carrier will not be a common carrier where its practice is to make individualized decisions, in particular cases, whether and on what terms to deal." ”

“ The carrier may hire his vehicle, or his team, or his servant, for the purposes of transportation; or he may undertake to employ them himself in the act of transporting the goods of another. It is in the latter case only, that he assumes the liabilities, and acquires the rights of a common carrier. ”

“ If he be not present, but live at or in the vicinity of the place of delivery, the carrier must notify him of the arrival of the goods, and then he has a reasonable time to remove them. If he be absent, unknown, or cannot be found, then the carrier can place the goods in its freight house, and if the consignee does not call for them in a reasonable time, its liability as a common carrier ceases. ”

“ 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. ”

“ 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 ”

“ Sears, 21 Wend. 194; which show that, as common carriers by water, under a contract for the carriage of goods, and especially valuables, deliberately made, we should be entitled to the benefit of the terms of our special agreement with Harnden, under which the libellants must claim, if at all. See 2 Kent's Comm. 601, 608.
But we were not common carriers of this crate and its contents. A common carrier as to some things is not necessarily a common carrier as to others. ”

“ We agree. We also agree that though common carrier service is reasonably adequate and though another carrier is willing and able to furnish the service, a permit to a contract carrier to furnish this particular service still might be wholly consistent with the national transportation policy defined in the Act. For it is 'the distinct need of each individual customer' that the contract carrier is designed to fill. § 203 (a) (15) . And 'the changing character' of the shipper's 'requirements' is a factor to be weighed before denying the application. ”

“ 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 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. ”

“ Presumptively one who had established his status of 'common carrier' would be entitled to carry all of the commodities embraced in his undertaking to all points to which any shipments of any articles were authorized. On the other hand, an applicant's status may vary from one part of the territory to another or be different in northbound shipments than in sothbound shipments. ”

“ A common carrier cannot select his business, like a private carrier, but must carry all merchandise that is offered; or, if he is a carrier of persons, all persons who desire to go and are willing to respect all reasonable regulations that relate to carrying them. The principal common carriers are railroads, steamboats, and canal companies.
The liability of common carriers is very important to all who travel or send merchandise. A common carrier is liable for all losses not happening by the act of God or by the public enemy. ”

“ Delivery of Goods by a Carrier. The manner of delivery of goods required of a common carrier, depends largely upon usage and custom. In large cities, express companies and carriers of small packages usually make deliveries to residences and places of business. In small towns, and in the country they usually deliver at their depots or store rooms only. Persons dealing with common carriers are bound by their customs, and by reasonable regulations of the carriers. Carriers by water and rail ordinarily deliver at their depots and warehouses only. The purchaser is obliged to call for his goods. ”

“ 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. ”

“ It excuses no negligence. It is perfectly consistent with holding the carrier to the fullest measure of good faith, of diligence. and of capacity, which the strictest rules of the common law ever required, and it is intrinsically just, as applied to the present case.' The loss was known to the shippers within three days after it occurred. The steamer was then and continued to be in port, and the facts were easily ascertainable. ”

“ 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. ”

“ As between intermediate carriers, the duty of the one in possession at the end of his route is to deliver the goods to the succeeding carrier or notify him of their arrival, and the former is not relieved of responsibility by unloading the goods at the end of his route, and storing them in his warehouse, without delivery or notice to or any attempt to deliver to his successor. ”

“ 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. ”

“ 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.! ”

“ 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. ”

“ Whenever the goods intended for transportation are shipped on board, or delivered to the carrier or his agent for that purpose, it is the duty of the master, in the absence of any stipulation as to the period of sailing, to commence the voyage within a reasonable time, and he must proceed on the voyage in the direct and usual route to the port of delivery without any unnecessary deviation. ”

“ Now, therefore, I, Woodrow Wilson, President of the United States, under and by virtue of the powers vested in me by the foregoing resolutions and statute, and by virtue of all other powers thereto me enabling, do hereby, through Newton D. Baker, Secretary of War, take possession and assume control at 12 o'clock noon on the twenty-eighth day of December, 1917, of each and every system of transportation and the appurtenances thereof located wholly or in part within the boundaries of the continental United States and consisting of railroads, and owned or controlled systems of coastwise and inland transportation, engaged in general transportation, whether operated by steam or by electric power, including also terminals, terminal companies and terminal associations, sleeping and parlor cars, private cars and private car lines, elevators, warehouses, telegraph and telephone lines and all other equipment and appurtenances commonly used upon or operated as a part of such rail or combined rail and water systems of transportation, to the end that such systems of transportation be utilized for the transfer and transportation of troops, war material and equipment to the exclusion so far as may be necessary of all other traffic thereon, and that so far as such exclusive use be not necessary or desirable, such systems of transportation be operated and utilized in the performance of such other services as the national interest 140may require and of the usual and ordinary business and duties of common carriers. ”