
    ATLANTIC CITY, DEFENDANT IN CERTIORARI, v. ALBERT DEHN, PLAINTIFF IN CERTIORARI. SAME v. SAME.
    Argued November 10, 1902
    Decided February 24, 1903.
    Proof that a person was the driver of a “licensed bus” .in a city, does not show that-this compelled him to be a common carrier, and required to carry passengers for legal fare.
    On certiorari.
    
    Before Justices Garrison and, G-arretson.
    For the plaintiff in error, Ulysses G. Styron.
    
    For the defendant in error, Harry Wootlon.
   Per Curiam.

These two cases were argued together. In the first case, which was No. Ill on the list, there was a conviction under an ordinance for refusing to carry passengers for Legal fare: The testimony fails to show that the prosecutor was one of the class named in the-ordinance, namely, that he was in the business of driving an omnibus for fare. lie may have been in private employ.

In No. 112 there is a conviction for refusing to carry a passenger. The proof is that the plaintiff in error was the driver of a “licensed bus.” There is nothing in the proofs to show that this compelled him to be a common carrier.

' In each case the conviction is set aside.  