“To prove that Defendant was a common carrier, Plaintiff must prove that it was in the business of transporting [the
property of] the general public. In deciding this issue, you may consider whether any of the following factors apply. These factors suggest that a carrier is a common carrier: (a) The carrier maintains a regular place of business for the purpose
of transporting passengers [or property]. (b) The carrier advertises its services to the general public. (c) The carrier charges standard fees for its services. A carrier can be a common carrier even if it does not have a regular schedule of departures, a fixed route, or a transportation license. If you find that Defendant was not a common carrier, then Defendant did not have the duty of a common carrier, only a duty of ordinary care.”
[CACI Jury Instructions [citations omitted]]
