"A carrier of passengers is one who undertakes to carry persons from place to place, gratuitously or for hire."1

Such a carrier is to be distinguished from a carrier of goods not only as to the extent of his liability, but also as to the nature of his contract. The carriage of goods is a bailment, and the liability arising therefrom for injuries to the goods is a liability arising out of the contract; whereas the carriage of passengers is not a contract of bailment,2 and the liability of the carrier for injuries to his passengers depends entirely upon his negligence, and is sometimes said, as regards common carriers, to arise out of a public duty to carry safely imposed by law.3 The distinction between a carrier of passengers and a carrier of goods is aptly exemplified in the case of the carriage of passengers and the carriage of baggage by a common carrier; the carrier is at the same time a carrier of passengers and a carrier of goods. In the former case, the liability of the carrier depends upon the carrier's negligence, whereas in the latter case he is liable for all injuries not caused by an act of God or the public enemy.4

1 A person carrying prisoners of war, under contract with the Government is a carrier as to the necessary guards, and not merely a government agent. Truex vs. Erie R. Co., 4 Lans. (N. Y.), 198.

2 Clark vs. M'Conald, 4 McCord 1, (S. C), 223.

3 Ansell vs. Waterhouse, 2 Chit.

Rep., 1, 18 E. C. L., 227.

4 Christie vs. Griggs, 2 Campb., 79;

Caldwell vs. Murphy, 1 Duer. (N. Y.), 233.