Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, 1837-07-12

ing down the river toward her and in or
der to avoid collision with her, the ferry
boat altered her course and turned her heat
up the river, and her broadside towards
New York. The Boston came between
her and New York, and when nearly op
pesite to her, sheered little from the shore
in order to to avoid small boat that wa:
coming out. This movement OF the Bos'
ton brought her suddenly into contrct witt
a strong tide, which propelled her towards
the ferry boat, and although her engines
were stopped as speedily as possible, her
bow struck the laboard side of the ferry
boat, and sunk her almost Immediately.
1t was contended on the part Of the de-
PENDANTS, that in the first place, the own
ers of a mere ferry boat cannot be held la
BILE as common carriers; and secondh
that they were not guilty of neligene,
and thar the occurrence was tire result OF
inevitable accident.
Amount of damages claimed, $3.50.
The Court in charging the jury sad:
The questions of law involved in this case
are ofso nice character, that they wifi
undoubtedly be reviewed by another Court.
1t is however my duty to give you the law
on the subject.
Common carriers arc persons who habl-
tually carry goods, and get payment for
doing so. The doctrine relative to COM
mon carriers, applies only TO the carriers
Of property, but not those who carry per-
sons. Soops sailing between Albany and
New York, tow boats and steamboats,, are
common carriers as they carry our goods
and baggage for hire. The rules of law
which apply to property and passengers,
are different. lfyou 60 on board steam
boat, and that your person is injured, you
have an action on account Of it, but you
must prove negligence, and ifyou do, you
have right to recover. But ifysur pro.
perty is lost, it is not necessary to show
negligence; it is sufficient to prove the loss
Of your property, and unless it has been
lost by means of public enemies; or the
act of God, such as lightning or a gust of
wind, you can recover for the property
though you are unable to show any negli-
gence.-These are the principles of law
which apply to common carriers and which
are in accordance with the common law
of England, & the statute law of this State.
Among the class of men called common
carriers, all elementary writer's have clas-
sed ferrymen. They must be therefore
considered as common carriers, until the
Legislature alters the law on the subject,
an event which does not appearlikely, as in
all the alterations which they have made
they have left that untouched. If it was
proper that such should have been the law
when we had only sail boats, it is still
more necessary now that we have steam
law as con COMMON Carriers. ana llshlo. under
certain enactments, for injury done to per.
son or property, must have a beneficial
effect, not only as regards the community
at large, but on themselves also, as tor
their own interest they will take care to
keep good boats, manned with the hest
men, and the most skikful engineers.
Applying these principles Of the law to
the case before you, you will consider
whether the loss was occasioned by the
act of God or the enemies ofthe country;
but surely suppositions are Of course out
of the question. The property was lost
by two boats coming in collision. ltmay
be that the Boston was in fault, and that
she struck the ferry boat on purpose, but
even that will not excuse the ferrymer, il
they are common carriers, and l have nc
hesitation in telling you they are.
deem it due to the defendant to say,
that there is no question of fact for you to
decide on, it is entirely question of aw'
and you have only to say how much the
plaintiffs are entitled to. You will o.
course do justice to the defendants, and
endeavor to ascertain as near as possible
how much they have right 10 pay the
plaintiffs.
Verdict for the plaintiffs, S625.
For the plaintiffs Messrs. Lee.
For the defendants, NJ. Lord and MIR
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