Anonymous (1795) 1 Salk 282
| Jurisdiction | England & Wales |
| Year | 1795 |
| Date | 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 247
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. 10 Will. 3, coram Holt, C. J. At Nisi Prius.
Discussed, Cohen v. South Eastern Railway, 1877, 2 Ex. D. 258.
11. middleton versus fowler & al. [Mich. 10 Will. 3, cm-am Holt, C.J. At Nisi Prius.] [Discussed, Cohen v. South Eastern Railway, 1877, 2 Ex. D. 258.] Master of a stage-coach not chargeable for goods lost by the driver, unless the master takes a price for the carriage of goods. 1 Mod. 198. 3 Mod. 323. 3 Lev. 258. 1 Danv. 3. 2Saund. 115. 2 Salk. 423, 426, 440, 441, 444, 613, 614. 4 Leon. 123. 248 EVIDENCE 1 SALKKLD, 283. 1 Show. 29. Hob. 206. Palm. 534. 2 Cro. 202. Hutt. 121. Skin. 625, S. C. Holt 130. 2 Show. 128. An action upon the case upon the custom of the realm was brought against the defendants being masters of a stage-coach ; and the plaintiff' set forth, that he took a place in the coach for such a town, and that in the journey the defendants by their negligence lost a trunk of the plaintiff's. Upon not guilty pleaded, upon the evidence it appeared, that this trunk was delivered to the person that drove the coach, and he promised to take care of it, and that the trunk was lost out of the coachman's possession ; and if the master was chargeable with this action, was the question. Holt, C.J. was of opinion, that this action did not lie against the master, and that a stage-coachman was not within the custom as a carrier is, unless such as take a distinct price for carriage of goods as well as persons, as waggons with coaches; and though money be given to the driver, yet that is a gratuity, and cannot bring the master within the custom ; for no master is chargeable with the acts of his servant, but when he acts in execution of the authority given by his...
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