common carrier

common carrier
One who holds himself out to the public as engaged in the business of transporting persons or property from place to place, for compensation, offering his services to the public generally. 13 Am J2d Car § 2. A status dependent upon the activities of the person alleged to be a common carrier and the circumstances under which his services were rendered. 29A Am J Rev ed Ins § 1251. The dominant and controlling factor in determining the status of one as a common carrier is his public profession or holding out by words or by a course of conduct, as to the service offered or performed. Ace-High Dresses v J. C. Trucking Co. 122 Conn 578, 191 A 536, 112 ALR 86. For the purposes of the Federal Powers of Service Act, the status of a company as a common carrier depends upon what it does, not upon the purpose declared by the charter of the company, or how the company is regarded in the state of incorporation. United States v Brooklyn Eastern Dist. Terminal. 249 US 296, 63 L Ed 613, 39 S Ct 283, 16 ALR 527. The determination of the question, whether one engaged in furnishing transportation, or the means of transportation, is to be considered a "common carrier" within the meaning of an insurance contract providing for indemnity or increased payments where injury or death results from an accident while on a conveyance operated by a common carrier, depends upon the activities of the one alleged to be the common carrier and upon the circumstances under which his services were rendered to the insured. Anno: 149 ALR 1293.

Ballentine's law dictionary. . 1998.

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