Coyle v. Western Railroad
New York Supreme Court
PPEAL from a judgment entered in favor of the plaintiff upon the decision of the judge, at the Albany circuit, on a trial without a jury. The action was brought against the defendant as a common carrier, to recover the value of one hundred and one half beer barrels which were delivered at one of the freight houses of the defendant, at East Albany, on the 5th day of July, 1861, for transportation to Boston, directed to a person in that city.
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PPEAL from a judgment entered in favor of the plaintiff upon the decision of the judge, at the Albany circuit, on a trial without a jury. The action was brought against the defendant as a common carrier, to recover the value of one hundred and one half beer barrels which were delivered at one of the freight houses of the defendant, at East Albany, on the 5th day of July, 1861, for transportation to Boston, directed to a person in that city. The same evening the barrels were destroyed by fire, which took place accidently, while they were in the possession of the defendant. The plaintiff had…
1Opinion of the Court
By the Court, Miller, J.
The question to be determined in this case is, whether the defendant sustained the relation of common carrier, or warehouseman, in reference to the property which was delivered by the plaintiff, and which is the subject matter of this controversy.
I think it is quite clear that the defendant received the barrels as freight, to be transported on the railroad of the company, and. was liable as a common carrier, for the loss occasioned by the fife which consumed them.
The evidence establishes that the barrels were delivered at one of the freight houses of the defendant, at…
2Cases cited1 opinion
- Blossom v. . GriffinNew York Court of Appeals · 1856
3Cited by4 opinions
- London & Lancashire Fire Insurance v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1893
- Wade v. WheelerNew York Supreme Court · 1870
- Gilbert v. New York Central & Hudson River RailroadNew York Supreme Court · 1875
- Ætna Insurance v. WheelerNew York Supreme Court · 1871