delivered the opinion of the Court:

We do not see any facts disclosed in the affidavit to induce us to grant a new trial. We know of no custom which could excuse the Defendant from the operation of the law governing common carriers. If such a custom do exist, and it would aid the Defendant, it is strange he should have been unable to prove it on the trial, as the Court was liolden in the town where the greatest part of the commercial transactions on the Cape-Fear are carried on. Let the rule be discharged.