Reports of Cases Argued And Adjudged in the Superior Court And Court of Errors a

Cover Reports of Cases Argued And Adjudged in the Superior Court And Court of Errors a
Reports of Cases Argued And Adjudged in the Superior Court And Court of Errors a
Delaware Superior Court
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) This was the usage. (Story Bailm. 538, 543; 17 Wend. Rep. 305. ) The plaintiffs contended : 1st. That a common carrier was bound to deliver the goods to the consignee, or owner either actually or constructively, that is, by notice. (4 Kent Com. 597, 604; 7 C. Fy R. 21, 399; 15 Johns. Rep. 39; 4 Pick. Rep. 371; Story Bailm. 536; 33 C. L. R. 364; 6 Watts $ Serg. 62. ) 2d. That defendants were liable either as bailees for hire, or depositories without compensa- tion, for such negligence as leavi...ng goods exposed to the weather. 3d. That there was no proof of a custom, such as would control the law. (2 Johns. Rep. 335; 5 Watt's Rep. 178. ) BOOTH, Chief Justice, charged the jury. A common carrier is one who undertakes and exercises, as a public employment, the transportation or carriage of goods for persons generally, from place to place, whether by land or by water, and to deliver them at the place appointed, for hire or reward, and with or without a special agreement as to price. (2 Kent's Com.

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