4 Iowa 547 | Iowa | 1857
Various exceptions were taken to the decisions and proceedings of the court below, but appellants now expressly waive all other error, and seek to reverse .this case, upon the single ground that the rule given to the jury, as to-the care, skill and diligence required of,,them, as carriers of passengers -for hire, was incorrect, and not warranted by the authorities. The instructions objected to, are
It is objected, that by the use of the words “ utmost ” and “ slightest,” too high a degree of diligence and care is required of this class of carriers. A brief examination of the authorities, however, will show most conclusively, that the rule laid down, is well sustained by the earlier as well as later cases. We need do nothing more than refer to a few of them. What is said, as to the duty of such carriers, to furnish good coaches, harness and horses, and of their being required to keep them in repair,, and of their further duty to furnish good and skillful drivers, is taken, almost word for word, from the case of McKinney v. Niel, 1 McLean, 550, in which this language will be found: “ He (the stage proprietor) is bound to provide good coaches, and harness, gentle and well broke horses, and a skillful and careful driver. These are obligations which the law imposes on every stage proprietor; and if any injury is received by a passenger from any defect in this preparation, the proprietor is responsible.” To the same effect are the following, among other authorities-: Story on Bailments, §§ 592, 593; Crofts v. Waterhouse, 3 Bing. 314; Angell on Carriers, §'§ 534, 535, 540 ; Peck v. Niel, 3 McLean, 22; Stokes v. Salstonstall, 13 Pet. 181; 2 Kent, 601; 2 Greenl. Ev. § 221; Ingalls v. Bills, 9 Met. 1. Again, while the common carrier of goods and
In reference to the duty of such carriers in respect to the character and competency of their servants, there is an entire correspondence between the English and American authorities, and this duty is thus laid down in 3 McLean, 22: “ He that establishes a line for the conveyance of passengers, and who holds out inducements to persons to travel in his vehicles, for which compensation is charged, is bound to have skillful and prudent drivers, and the utmost skill and prudence of the driver must be exercised to avoid accidents.” And see 3 Bing. 321; Farwell v. B. & W. Railroad, Co., 4 Met. 49 ; Carpue v. London & B. Railway Co., 5 A. & E.. 747. So in Angelí on Carriers, § 568, it is said, that the nature of their undertaking is to carry safely and securely, and though they do not impliedly warrant the safety of passengers at all events, yet they are bound to the utmost care and skill in the performance of their duty. The terra here used expresses the idea of something beyond ordinary care. The degree of their responsibility, therefore, is not ordinary care, which will make them liable for only ordinary neglect, but extraordinary care, which renders them liable for slight neglect.
So Baubour, J., in Stokes v. Salstonstall, 13 Pet. 181, says, the stage proprietor must have a driver of competent skill, of good habits, and in every respect qualified, and suitably prepared for the business in which he is engaged. Such driver must act with reasonable skill, and with the utmost prudence and caution; and if an injury is occasioned
Judgment affirmed.