CARRIER, a term of general application to any person who undertakes to carry the goods of another for hire, whether by land, air or water, irrespective of the method of transit. The principle of law imposing responsibility upon the carrier for the safety of the goods carried is derived from a praetorian edict of the civil law contained in the ninth title of the fourth book of the Pandects. This states : "nautae, caupones, stabularii, quod cu jusque salvum fore receperint, nisi restituent, in eos judicium dabo." The simplicity of the rule so enunciated has swept away, throughout most civilized nations, all secondary questions or dis cussions as to the measure of culpability or negligence on the part of the carrier for loss or damage to the goods carried and imposes upon him the obligation of an insurer of the goods, leav ing any limitation of this general responsibility to be separately adjusted by special contract.
The law of England recognizes a distinction between common and private carriers. The former is one who holds himself out to the public as ready to carry for hire from place to place the goods of such persons as choose to employ him. The owner of a stage-wagon, a railway company, the master of a general ship, and a wharfinger carrying goods on his own lighters are common carriers, and, at common law, it makes no difference that one of the termini of the journey is out of England. A person who carries only passengers is not, however, a common carrier; nor is a person who merely engages to carry the goods of particular individuals or to carry goods of a particular description or upon any particular occasion. A common carrier is subject at law to peculiar liabilities. He is bound to carry the goods of any person who offers to pay his hire unless there is good reason to the con trary; as, for example, when his carriage is full or the article is inherently dangerous. He ought to carry the goods in the usual course without unnecessary deviation or delay.
Liability commences upon due delivery of the goods to him in the known course of his business. His charge must be reasonable; and he must not give undue preference to any customer or class of customers. The latter principle, as enforced by statute, is of great importance in the law of railway companies. In respect of goods entrusted to him, the carrier's liability, unless limited by special contract, is that of an insurer. There is no question of negligence as in the case of injury to passengers, for the war ranty is simply to carry safely and securely. The law, however, excepts losses or injuries occasioned immediately "by the act of God or the king's enemies"—which words have a strict technical signification. It would appear that concealment without fraud, on the part of the customer, relieves the carrier from liability for negligence, though not for actual misfeasance. Fraud or deceit by the customer (e.g., misrepresentation of the real value of the goods) will relieve the carrier from his liability.
The responsibility of the carrier ceases only upon delivery of the goods to the proper consignee. By the Carriers Act, 1830, the liability of carriers for "articles of great value in small corn pass" is determined. Should the article or parcel exceed f Io in value, the carrier is not liable for loss unless such value is de clared by the customer. Where the value is thus declared, the carrier may, by public notice, demand an increased charge, for which he must, if required, sign a receipt. Failing such notice or receipt, the carrier must refund the increased charge and remains liable as at common law. Except as above no mere notice or declaration affects a carrier's liability; but he may make special contracts with his customers. The carriage of goods by sea is subject to special regulations. (See AFFREIGHTMENT.) The car riage of goods by railway and canal is subject to the law of corn mon carrier except where varied by particular statutes. The effect of these acts is to prevent railway companies as common carriers from limiting by special contract their liability to receive, forward and deliver goods, unless the conditions embodied in the special contract are reasonable, and the contract is in writing and signed by, or on behalf of, the sender.
A railway company must provide reasonable facilities for for warding passengers' luggage. Where luggage is taken into the carriage with a passenger, the company is not responsible for loss or damage due to the passenger's interference with the corn pany's exclusive control of it. As carriers of passengers, com panies are bound to exercise due care and diligence and are re sponsible for personal injuries occasioned by negligence or want of skill. Where there is a special contract or there has been contributary negligence on the part of the passenger, i.e., where he might by the exercise of ordinary care have avoided the con Fequences of the defendants' negligence—he is not entitled to recover. By the Act of 1846 (commonly called Lord Campbell's Act), when a person's death has been caused by such negligence as would have entitled him to an action had he survived, an ac tion may be maintained against the negligent party on behalf of the wife, husband, parent or child of the deceased. (See INTER STATE COMMERCE for special American problems and practices.)