A common carrier by custom or usage may lawfully claim a reward : and where a man carrying goods is of a public employment, as a carrier, hoyman, etc. he must answer for all events, excepting the acts of God, and the enemies of the King ; and this is a political establishment, for the safety of all persons concerned, and whose affairs necessitate them to intrust such carriers. For by this means all private combinations between them and highwaymen and other robbers, are prevented, which cannot easily be discovered. But he held, if a bailiff or factor carries goods, and is robbed, he is not answerable to the owner, tho’ he hath a premium ; because ’tis only a particular office, and private trust, and he doth the best he can, as the nature of the thing puts it in his power to perform it.
[1738] EngR 233, (1688-1710, 1738) Holt KB 131, (1738) 90 ER 971 (B)
Commonlii
England and Wales
Citing:
See Also – Coggs v Bernard ER 235 1738
A pawnee of any pawn or pledge hath a property in it ; for the thing deposited is a security to him, that he shall be repaid the money lent on it. Arid if things will riot be the worse, as jewels, and co he may use them ; but then it must be at his . .
Lists of cited by and citing cases may be incomplete.
Agency
Updated: 25 December 2021; Ref: scu.385626