Superior Court of Delaware July 5, 1849 (Pennewill v. Cullen)

By the

Court.

1. The defendant’s liability as a common carrier. What constitutes a common carrier is a question of law; whether the defendant comes within that definition, is a question of fact for the jury. A correct definition of common carrier is given in the case of

McHenry

vs.

The Railroad Company,

4

Harr. Rep.,

448.