CARRIER, laws relating to. Every per son carrying goods for hire is deemed a carrier, and as such is liable in law for any loss or damage that may happen to them whilst in his custody. Waggoners, cap tains of ships, lightermen, &c. are there fore carriers; but a stage-coachman is not within the custom as a carrier : nei ther are hackney-coachmen carriers with in the custom of the realm, so as to be chargeable for the loss of goods, unless they are expressly paid for that purpose, for their undertaking is only to carry the person. If a person take hire for carrying goods, although he be not a common carrier, he may nevertheless be charged upon a special assumpsit ; for where hire is taken, a promise is implied ; and where goods are delivered to a car rier, and he is robbed of them, he shall be charged and answer for them, on ac count of the hire ; and the carrier can be no loser, as he may recover against the hundred.
Goods sent by a carrier cannot be dis trained for rent ; and any person carry ing goods for all persons indifferently is to be deemed a common carrier, as far as relates to this privilege. A delivery to a
servant is a delivery to the master, and if goods are delivered to a carrier's porter, and lost, an action will lie against the carrier.
Where a carrier gives notice by print ed proposals that he will not be responsi ble for certain valuable goods if lost, if more than the value of a sum specified, unless entered and paid for as such, and valuable goods of that description are de livered to him, by a person who knows the conditions, but, concealing the value, pays no more than the ordinary price of carriage and booking, the carrier is, un der such circumstances, neither respon sible to the sum specified, nor liable to repay the sum•paid for carriage and book ing.
A carrier, who undertakes for hire to carry goods, is bound to deliver them at all events, unless damaged and destroyed by the act of God, or the king's enemies; and if any accident, however inevitable, happen through the intervention of hu man means, a carrier becomes responsible..