Anonymous, King's Bench (1466) (Common law)
Case Overview
Anonymous, King's Bench (1466) is a foundational English common law case establishing that common carriers, those who hold themselves out to carry goods for hire, have a non-delegable duty to deliver safely and are liable for any loss or damage to goods in their care. The carrier's liability is not dependent on proof of negligence, the mere fact of loss while in the carrier's custody is sufficient. This case laid the groundwork for strict carrier liability that persists in modern American common carrier law.
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The Facts
A carrier was engaged to transport goods from one place to another for hire. The goods were lost or damaged in transit. The plaintiff brought an action seeking compensation for the loss. The defendant carrier argued it should not be held liable because the loss was not due to any fault on its part. The King's Bench considered whether a common carrier who holds itself out to transport goods for hire has an absolute duty of safe delivery.
The Issue
• Whether a common carrier for hire is strictly liable for loss or damage to goods in its custody, regardless of fault. • Whether the undertaking to carry goods for reward imports an absolute duty to deliver them safely.
The Rules
A common carrier who accepts goods for transport for hire undertakes an absolute duty to deliver those goods safely, and is strictly liable for any loss or damage occurring while the goods are in the carrier's custody, irrespective of negligence.
At common law, certain classes of persons exercising a public employment - including common carriers and innkeepers - were held to a higher standard of liability for goods entrusted to them, effectively making them insurers against loss absent acts of God or the king's enemies.
The Conclusion
Anonymous (1466) established the common carrier strict liability rule that remains foundational to American transportation law. It underlies modern carrier liability standards in the Carmack Amendment and state common carrier statutes.
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