The New Hampshire Gazette

MISCELLANEOUS.

NORTHAMPTON, OCT. 9.
Law Intelligence.
Dwight vs. Brewster, & al.—This
case was finally decided at the September
term of the Superior Court in this county.
The defendants were mail carriers and pro-
prietors of the Stages between Northamp-
ton and Springfield, and the action was
brought for not delivering a bundle of bank
bills sent by the plaintiff from the former
to the latter town. The defendants con-
tended that they were not liable—
1. Because no want of care was proved
against them : the bundle was put into the
stage in the usual manner, and it did not ap-
pear what afterwards became of it—and
2. Because the post office law prohibits
the carrying " any letter or packet" by a
mail carrier further than the nearest post of-
fice on his route ; and no action would
lie against him for not violating the pro-
visions of law.
The Court decided on both points for
the plaintiff—that the defendants having
usually carried small articles and bundles of
merchandize in their stages for hire, were
common carriers ;—and as such responsible
for the safe delivery of every article com-
mitted to them, in every event except of a
loss by the act of God, or of a public en-
emy ; and that the bundle of bills in que-
-tion was not a letter or packet within the
meaning of the statute, and might there-
fore have been lawfully conveyed by the
defendants.— The amount recovered
was
nearly 1500 dollars.
The Court also said, although the case
did not raise the point, that letters accom-
panying bundles, &c. of merchandize di-
rected to their owners, are not within the
statute.

It may now therefore be considered as
established, that mail carriers who also carry
merchandize, are common carriers : and
bound by all the duties of such ; and that
they may carry letters accompanying bundles
without violating the provisions of the act.
It may be worth while to state for gen-
eral information, that common carriers are
compelled to take goods, &c. from any per-
son requesting them ; and that they are li-
able to an action in every case of refusal.