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common carrier

Defined in 4 dictionaries — Case Law, U.S. Code, Ballentine's (1916), Burrill (1850)

Definitions from Case Law

From 226 U.S. 491 - Adams Express Co. v. Croninger · 1913Most cited · 1,837 citing opinions

That a common carrier cannot exempt himself from liability for his own negligence or that of his servants is elementary. The rule of the common law did not limit his liability to loss and damage due to his own negligence, or that of his servants. That rule went beyond this, and he was liable for any loss or damage which resulted from human agency, or any cause not the act of God or the public enemy.

Show all 26 Supreme Court definitions and how they changed over time 1829–1949

United States Code

15 U.S.C. § 375 — as used in this chapter

The term “common carrier” means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise (regardless of whether the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided) between a port or place and a port or place in the United States.

18 U.S.C. § 341 — as used in this chapter

As used in this chapter, the term “common carrier” means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.

42 U.S.C. § 16371 — in this part

The term "common carrier" means a transportation infrastructure operator or owner that—

(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and

(B) holds itself out to provide transportation services to the public for a fee.

46 U.S.C. § 40102 — in this part

Common carrier.—The term “common carrier”—

(A) means a person that—

(i) holds itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation;

(ii) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination; and

(iii) uses, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country; but

(B) does not include a carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel when primarily engaged in the carriage of perishable agricultural commodities—

(i) if the carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities; and

(ii) only with respect to the carriage of those commodities.

46 U.S.C. § 42301 — in this chapter

Defined in Part A.—In this chapter, the terms “common carrier”, “marine terminal operator”, “ocean common carrier”, “ocean transportation intermediary”, “shipper”, and “shippers’ association” have the meaning given those terms in section 40102 of this title.

46 U.S.C. § 70301 — in this chapter

Common carrier.—The term “common carrier” has the meaning given that term in section 40102 of this title.

47 U.S.C. § 153 — for the purposes of this chapter (2 versions over time)

The term “common carrier” or “carrier” means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier.

47 U.S.C. § 225 — as used in this section (2 versions over time)

The term “common carrier” or “carrier” includes any common carrier engaged in interstate communication by wire or radio as defined in section 153 of this title and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 152(b) and 221(b) of this title.

+ 1 more definition — see all 9 over time

Show all 9 definitions and how they changed over time

Ballentine's Law Dictionary

James A. Ballentine · 1916

One who undertakes for hire to transport from place to place goods of those who may employ him. See 21 How, (U. S.) 7, 16 L. Ed. 41.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

A person who carries the goods of others for hire. One who undertakes for hire, to carry for any who choose to employ him. 1 Smith's Leading Cases (Am. ed.) 104. 4 N. Hamp. R. 304. 1 Pick. R. 50. Common carriers are of two kinds; by land, as owners of stages, stage wagons, rail-road cars, teamsters, cartmen, draymen and porters; and by water, as owners of ships, steam-boats, barges, ferrymen, lightermen, and canal boatmen. 2 Kent's Com. 599, et seq. 1 Smith's L. Cas. ub. sup. The term common, as applied to a carrier, would seem, ex vi termini, to imply the carrying to be a common or public employment, or one undertaken as a business, in contradistinction to carrying on a particular occasion, or for particular persons. Story on Bailm. § 495. See 2 Kelly's (Geo.) R. 349. The rule of law, however, seems to be settled, that any one who undertakes, though only pro hac vice, to carry for hire, without a special contract, assumes the character and thereby incurs the responsibility of a common carrier. 1 Smith's Lead. Cas. 104. 1 Watts' & Serg. R. 285, there cited. 2 Kent's Com. 597, and note.