"
The same rule is stated as to bailments in general, the same
year, by Sergeant Maynard arguendo in Williams v. Hide, /2/ again
citing Southcote's Case.
In Kenrig v. Eggleston /3/ (24 Car. I., A.D. 1648), "case against
a country carrier for not delivering a box," &c., of which he was
robbed, nothing was said about custom, nor being a common
carrier, unless the above words imply that he was; but it was
laid down, as in Southcote's Case, that "it must come on the
carrier's part acceptance" if he would lessen his liability as
bailee.
Nichols v. Moore /4/ (13 Car. II., A.D. 1661) was case against a
"water carrier," between Hull and London, laying a delivery to
him at York. It was moved in arrest of [192] judgment, that the
defendant did not undertake to carry the goods from York to Hull.
"But notwithstanding this per totam curiam, the defendant shall
be charged on his general receipt at York, according to
Southcote's Case."
It is fair to mention that in Matthews v. Hopkins /1/ (17 Car.
II.)the declaration was on the custom of the realm against a
common carrier, and there was a motion in arrest of judgment,
because there was a misrecital of the custom of the realm, and
the defendant was not alleged to have been a carrier at the time
of the receipt, and also because counts in trover, and in case on
the custom, were joined.
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