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Special Agencies Deemed Common Car Riers


SPECIAL AGENCIES DEEMED COMMON CAR RIERS. Teamsters, draymen and porters, whose usual business is to carry goods from place to place, or from one point in a town to another for hire, are common carriers. (Fish v. Chapman, su pra; Browne, Bail. 92.) So are proprietors of stage coaches. (Jones v. Voorheers, 10 Ohio, 145.) Rail road companies are common carriers, and this though their charter and the general statutes under which they are organized are silent on the point. Some authorities make an exception in the case of the carriage of live stock, holding that the railroad is not a common car rier in such case. And where the company merely fur nishes the motive power and use of roadbed it is not a common carrier. (Railroad Co. v. Whittle, 27 Ga. 535; 20 Ill. 624; Hannibal Ry. Co. v. Swift, 12 Wall. 262.) The masters and owners of vessels, canal boatmen and ferrymen are common carriers. Expressmen by the weight of authority are common carriers, but some cases hold that they are not. Dispatch and fast freight companies are common carriers. Warehousemen are common carriers when their business as warehouse men is only incidental to the contract for transporta tion in which they are agents for the transporting com pany, but the goods must have been delivered for im mediate shipment, and not for storage purposes. (Rodgers v. Wheeler, 52 N. Y. 262.) The proprietors of elevators for passengers in hotels and buildings are common carriers. (Goodsell v. lor, 41 Minn. 207; Treadwell v. Whittier, 8o Cal. 584.)

carriers and companies