149 A. 505 | N.H. | 1930
The plaintiff's claim depends upon the validity of its principal contention that in the carriage of the employees of the Plant corporation the defendant Wentworth is engaged in the business of a common carrier within the terms of P. L., c. 258, s. 1. Authorities from jurisdictions construing statutes dissimilar in form or purpose can be of little aid. The meaning of our statute as applied to the facts here is not an open question.
As originally enacted the section provided: "Every person, firm or corporation operating any motor vehicle other than a street car upon any public street or way in the business of transporting passengers for hire, and receiving and discharging passengers along a regular route over which the vehicle is operated, is hereby declared to be a common carrier and as such shall be subject to the provisions of this act so far as applicable thereto." Laws 1919, c. 86, s. 1. In State v. Downes,
Following the announcement of this decision the legislature amended the section by inserting after the words "discharging passengers along" the words "or at the termini of." Laws 1921, c. 59, s. 1. The amended statute was considered in Haselton v. Stage Lines,
The conclusion reached in these cases finds confirmation in the codification of 1926 (P. L., c. 258, s. 1) where this section is given the prefatory heading "Common Carriers," disclosing the legislative understanding that the words "common carrier" in the body of this section is used in its conventional or common-law sense, and not as designating motor carriers as a class irrespective of the public or private character of their employment.
Street railways are common carriers. One essential characteristic of their business is the carriage of the public generally. The defendant Wentworth, in the carriage in question, is not a common carrier. Faucher v. Wilson,
It follows that, on the route in question, Wentworth, not being engaged in a business such as is usually conducted by street railways, does not come within the statute. The fact that he is a common carrier upon another and distinct route is immaterial.
The plaintiff is not entitled to the injunction prayed for.
Bill dismissed.
All concurred.