2.
In such case the carrier incurs no responsibility beyond that of any
other ordinary bailee for hire, that is to say, the responsibility of
ordinary diligence. 2 Bos. & Pull. 417; 4 Taunt. 787; Selw. N. P.
382 n.; 1 Wend. R. 272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577;
Jones, Bailm. 121; Story on Bailm, 495. But in Gordon v. Hutchinson, 1
Watts & Serg. 285, it was holden that a Wagoner Who carries goods
for hire, contracts,the responsibility of a common carrier, whether
transportation be his principal and direct business, or only an
occasional and incidental employment.
3.
To bring a person within the description of a common carrier, he must
exercise his business as a public employment; he must undertake to carry
goods for persons generally; and he must hold himself out as ready to
engage in the transportation of goods for hire, as a business; not as a
casual occupation pro hac vice. 1 Salk. 249; 1 Bell's Com. 467; 1 Hayw.
R. 14; 1 Wend. 272; 2, Dana, R. 430. See Bouv. Inst. Index, b. t.
CARRYING AWAY,
crim. law. To complete the crime of larceny, the thief must not only
feloniously tale the thing stolen, but carry it away. The slightest
carrying away will be sufficient; thus to snatch a diamond from a lady's
ear, which is instantly dropped among the curls of her hair. 1 Leach,
320. To remove sheets from a bed and carry them into an adjoining room. 1
Leach, 222 n. To take plate from a trunk, and lay it on the floor with
intent to carry it away. Ib. And to remove a package from one part of a
wagon to another, with a view to steal it; 1 Leach, 286; have
respectively been holden to be felonies. 2 Chit. Cr. Law, 919. Vide 3
Inst. 108, 109 1 Hale, 507; Kel. 31 Ry. & Moody, 14 Bac. Ab. Felony,
D 4 Bl. Com. 231 Hawk. c.32, s. 25. Where, however, there has not been a
complete severance of the possession, it is not a complete carrying
away. 2 East, P. C. 556; 1 Hale, 508; 2 Russ. on Cr. 96. Vide Invito
Domino; Larceny; Robbery; Taking.
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