COMMON CARRIERS, such as carry goods for hire indifferently for all persons. The term includes carriers by land and by water and is sometimes applied to those who regularly and as a matter of business Convey messages. On the one hand they comprise stage-coach proprietors, railway companies, truckrnen, wagoners and teamsters, car-men, porters and express companies, whether such persons undertake to convey goods from one portion of the same city to another, or through the whole extent o: the country, or even from one country to another; and on the other hand they include the owners and masters of every kind of vessel or water-craft, who undertake to carry freight of any kind for all who choose to employ them, whether the extent of their navigation be from one continent to another or only in the coasting trade, or whether employed in lading or unlading goods or in ferrying, with whatever motive power they may adopt. (Story, Bailments, §§ 484-496). Common car riers are liable for all damage or loss during the transportation from any cause, except the act of God or the public enemy. Common car riers both by land or water, when they under take the general business of carrying every kind of goods, are obliged to carry all which offer, and if they refuse without just excuse, they are liable to an action. Common carriers
may qualify their common-law responsibility by special contract. The bill of lading is usually the written evidence of the contract between the parties. The responsibility of the carrier begins on receipt of the goods from the owner. Carriers of passengers are not held re'sponsible as insurers of the safety of those whom they transport, as common carriers of goods are. They are, however, bound to a high degree of care in the selection of appliances, employees, etc., in order to secure the safety of their pas sengers. Extensive powers over carriers, es pecially in regard to the fixing of rates, are pos sessed by the Interstate Commerce Commis sion, appoi_-..ed by the act of 1887. Consult Fetter, 'The Law of Carriers of Passengers' (Saint Paul 1897): Hutchinson, 'Treatise on the Law of Carriers' (Chicago 1891); Judson, 'The Law of Interstate Commerce> (Chicago 1905). See Com mERCE, INTERSTATE.