repudiate this principle of construction as applicable to documents when a carrier purports to relieve himself from liability for negligence, he would have done ... clear whether the shipowners were under any liability as common carriers with regard to this baggage.
13. As in my view
Goods by Sea Act in 1920, the common law of England was applicable to common carriers and not the provisions of the Indian Contract ... Goods by Sea Act, are common law of England, under the English Common law, a common carrier may protect himself from liability for deliberate acts
where the English Common Law and the Indian Contract Act differ, the former and not the latter applied to common carriers by sea. Wallis ... Their Lordships of the Privy Council applied the English Common Law relating to common carriers by sea in that case as we have
bill of lading which deals with the liability of the carrier at the particular stage of the adventure when the negligence occurred, is not express ... clear whether the shipowners were under any liability as common carriers with regard to this baggage.
12. As in my view
carrier, which is not a common carrier is called a private carrier. Such a private carrier, will, where goods are entrusted to him for carriage ... carrier cannot be made liable as a common carrier and if the carrier is not a common carrier but only a private carrier, there
carrier which is not a common carrier is called a private carrier. Such a private carrier would where goods are entrusted to him for carriage ... action by the consignor against the carriers it was held that the carriers were not common carriers, but were only bailees for i reward
more excused." Thus the general principle of the common law is a common carrier is insurer of goods which he contracts to carry ... principles of the English Common Law as modified by the earners Act of 1895. A common carrier, therefore, in India is subject to two distinct
public service; accordingly, the Postmaster-General is not a common carrier, the acceptance by him of letters and packets for transmission through the post does ... cause of action at common law. It has a natural resemblance to the common law cause of action against a carrier for loss
common carrier", attracting the provisions of the Carriers Act 1865. If the defendant/appellant is not a common carrier, then the benefit and protection ... umbrella of common carrier. The burden is upon the carrier to plead in detail and prove, that they are not common carrier, whereas they discriminate
registered Office at Coimbatore. The defendant/appellant herein/is a public common carrier carrying its business in transporting goods from place to place for hire ... untenable as it is contrary to the absolute liability of a common carrier under law. The damage to the goods having been caused
