CARRIERS DISTINCTION BETWEEN COMMON CARRIERS AND CONTRACT CARRIERS

Authors

Marcus L. Plant, University of Michigan Law SchoolFollow

Abstract

In the recent case of Ace-High Dresses, Inc. v. J.C. Trucking Co., the defendant was a corporation organized for the purpose of doing a general trucking business. At the time of the suit it was operating under separate contracts with five dressmaking establishments, one of which was the plaintiff. Under these contracts the defendant trucked dress goods every day except Sunday. The goods were taken on in New York, carried to New Haven, Hartford or Bridgeport, left there until processed, and then taken back to New York. The defendant's drivers had keys to the factories of the processors, entered the factories at night and picked up the dresses, which were delivered in New York in the morning. Four trucks were used, all of them equipped with racks for carrying the dresses. Until a year before the time of the suit, the defendant had had eight such contracts, but that number had fallen off to five, and the defendant had not solicited any more contracts. The defendant was paid weekly according to the number of dresses carried, the rate being fixed by a trucking association of which the defendant was a member.

Recommended Citation

Marcus L. Plant, CARRIERS DISTINCTION BETWEEN COMMON CARRIERS AND CONTRACT CARRIERS, 36 Mich. L. Rev. 802 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss5/5