A Treatise On the Law of Bailments And Carriers

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Lashley, 36 La. Ann. 106; Fish v.
" Moss V. Bettis, 4 Heisk. (Tenn.) Clark, 2 Lans. (N. Y.) 176, affd.. 49 661, 13 Am. Rep. 1. N. Y. 122.
" Samms v. Stewart, 20 Ohio 69.
CARRIERS DISTINCTIONS. 1 37 elementary, is that one to be subjected to the liabiHty of a com- mon carrier must have held himself out as carrying for all in such manner that an action would lie for his refusal to carry for any person applying, within the restrictions of his holding out.^'' A common carrier undertakes to carry on
...ly certain kinds of goods, therefore he is liable only as a private carrier, if, as ac- commodation, or by special contract, he agrees to carry goods not in the line of his ordinary business. ^^ Also he undertakes to carry only by the means and over the route used in his busi- ness, not by indiscriminate means, or to points not on his route, so that if he by special contract agrees to carry by other means or over other routes than those which he holds open to all, his liability would be governed by the special contract of hiring.^* And in order to impose upon him the extraordinary liability of a common carrier, he must in some manner receive compensa- tion for his service, otherwise he would be a mere gratuitous bailee, liable only for gross negligence.''^ There rests upon the common carrier an obligation to carry for all; therefore if he refuses to carry, an action will lie, and it was said in the leading case of Fish v.

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