Hod carrier

“ 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.! ”

“ 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. ”

“ Russell, (10 Johns., 7,) decided in 1813, that it has long been settled that a common carrier warrants the delivery of the goods in all but the excepted cases of the act of God and public enemies, and there is no distinction between a carrier by land and a carrier by water; and the same learned judge also held that the character, duty, and responsibility of a carrier continues to attach to a master as long as he has charge of the goods. A master, says a learned commentator, should always bear in mind that it is his duty to convey the cargo to its place of destination. ”

“ 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. ”

“ 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 ”

“ 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. ”

“ 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. ”

“ By these, it is well settled that the carrier by water shall carry from port to port, or from wharf to wharf. He is not bound to deliver at the warehouse of the consignee; it is the duty of the consignee to receive the goods out of the ship or one wharf. But to constitute a valid delivery on the wharf, the carrier should give due and reasonable notice to the consignee, so as to afford him a fair opportunity of providing suitable means to remove the goods, or put them under proper care and custody. ”

“ 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. ”

“ 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. ”

“ The carrier does not contract that a deck load shall not embarrass the navigation of the vessel in a storm, or that it shall not cause her so to roll and labor in a heavy sea, as to strain and endanger the vessel. ”

“ The common carrier is one who offers to carry for all who may choose to employ him. The private carrier is one who transports by virtue of a special agreement. The private carrier appears more frequently in water carriage than in land transportation. Most ships, for example, carrying bulk cargoes by special arrangement are private carriers. Most passenger ships are common carriers of passengers. Ships carrying miscellaneous or package freight, and running over regular routes, are common carriers. ”

“ 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. ”

“ It is, however, rather late in the day, I fear, to talk about stewards in passenger sailing ships. Their palmy days are over. But in the ordinary sailing cargo-carrier they still flourish, a race apart, and as distinct from the steamship steward as can well be. Their berth is by no means a bad one, assuming that they know their duty and do it. ”

“ A common carrier may, undoubtedly, become a private carrier, or a bailee for hire, when, as a matter of accommodation or special engagement, he undertakes to carry something which it is not his business to carry. For example, if a carrier of produce, running a truck boat between New York City and Norfolk, should be requested to carry a keg of specie, or a load of expensive furniture, which he could justly refuse to take, such agreement might be made in reference to his taking and carrying the same as the parties chose to make, not involving any stipulation contrary to law or public policy. ”

“ 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. ”

“ 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. ”

“ But now we had the bigger project of salvaging the ship herself, and, further, the big rope, which acted as support for the carrier, was not yet of a sufficient height above the weed-continent for it to be safe to attempt to bring any ashore by such means; and now that we had hopes of saving the ship, we did not intend to risk parting the big rope, by trying to attain such a degree of tautness as would have been necessary at this time to have raised its bight to the desired height. ”

“ It is admitted that, under what may be termed the 'common law of the sea,' a delivery of the cargo, to discharge the carrier from his liability, must be made upon the usual wharf of the vessel, and actual notice be given to the consignee, if he be known. ”

“ 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 ”

“ The carriers from Kommenda were only to come as far as Cape Coast, so here I had to find fresh men or rather women to replace them. I know nothing more aggravating than engaging carriers. Apparently it was a little break in the monotony of life as lived in an African town to come and engage as a carrier with the white missus, come when she was about to start, an hour late was the correct thing, look at the loads, turn them over, try to lift them, say “We no be fit,” and then sit down and see what would happen next. ”

“ 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. ”

“ The Harter act, as we understand it, relieves carriers from some of the harsher rules of obligation in force before its passage, but this relief is conditioned upon the discharge of the carrier's duty to use due diligence to provide that which it holds out to the shipper it is competent to furnish,-a seaworthy vessel, duly equipped and provided for the purposes of the voyage. ”

“ It may be, though, that only your carrier will stop at Pearl Harbor. Later it may meet the other two carriers at sea. You do not know now, and neither do I. However, you can keep our Pacific patrol forces informed of your own position. The water flares. I will explain their use briefly, and the one in Honolulu will give you detailed instructions. It will be an easy matter for you to learn the position of your carrier, and its force. An equally easy matter for you to learn the strength of your force, and whether others have joined it. ”

“ 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. ”

“ All along the endless carrier are ranged slave children, whose business it is to place the cane upon it, when it is conveyed through the shed into the main building, where it falls between the rollers, is crushed, and drops upon another carrier that conveys it out of the main building in an opposite direction, depositing it in the top of a chimney upon a fire beneath, which consumes it. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Three carriers of the Kaga class, a dozen troop ships, and scads and scads of cruisers, destroyers, and supply vessels. Even from the air they appear to take up the whole blasted ocean. Very definitely, a big force. But, as I was saying, it was an absolutely terrible ride. I think I fainted once or twice, myself. Just couldn't seem to hang on somehow. Then after years and years we sat down in the middle of this force and came alongside this carrier [Pg 162] flagship. They let down a hoist cable and took us right up on board. ”