May

Heydenweldt, J., concurred.

*364 The law regards ferrymen as common carriers, and has imposed upon them the same duties and liabilities. Willis v. Jones, 1 McCord, 105 . Cohen v. Hume, Ibid, 440. Rutherford v. McGowen, 1 Nott & McCord, 17. Fisher v. Crisbee, 12 Ill., 344 , and the cases there cited.

The principle deduced from these authorities is, that as soon as the ferryman signifies his assent or readiness to receive the passenger, that he becomes liable for his safe transit and delivery, and is chargeable with any accident occurring, except by act of God or the public enemy.

In two of the cases just cited, the accident occurred in driving into the flat or boat, and in both cases it was held to be the duty of the ferryman to see that the teams were safely driven on board of the boat. If, says the Court, in those cases, the ferryman thinks proper, he may drive himself, or may unharness the team, or unload them, for the purpose of getting them safely on board. But if he permits the party to drive himself, he constitutes him, quoad hoc, his agent, and is responsible for all accidents.

There can be no reason why this rule should not apply to the delivery, as well as to the…