88 A. 1002 | N.H. | 1895
It is not found that the defendant was a common carrier. The finding, that he was engaged in the business of trucking goods for hire from the railway freight station to different stores in the city, lacks the distinguishing characteristic of a common carrier, namely, the holding of oneself out as ready "to carry at reasonable rates such commodities as are in his line of business, for all persons who offer them, as early as his means will allow." Sheldon v. Robinson,
If the defendant was a common carrier, he is not liable for the plaintiff's loss, since it happened from the operation of natural laws, which a common carrier does not insure against. Hudson v. Baxendale, 2 H.
N. 575; Great Western Railway Co. v. Blower, 20 W. R. 776; Nugent v. Smith, 1 C. P. Div. 423; Nelson v. Woodruff, 1 Black 156; Smith v. Railroad, 12 Allen 531, 533; Swetland v. Railroad,
It being found that the plaintiff's loss was not due to any want of ordinary care on the part of the defendant, there must be
Judgment for the defendant.
All concurred. *340