Blossom v. . Griffin
New York Court of Appeals
Action against the defendants as common carriers to recover damages caused to merchandise by an accidental fire. The case was heard before a referee, who ordered judgment in favor of the plaintiffs. This judgment was affirmed by the supreme court sitting in the 8th district. The defendants appealed to this court.
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Action against the defendants as common carriers to recover damages caused to merchandise by an accidental fire. The case was heard before a referee, who ordered judgment in favor of the plaintiffs. This judgment was affirmed by the supreme court sitting in the 8th district. The defendants appealed to this court. The following facts were found by the referee: In 1851 the plaintiffs and one Clexton composed the firm of Gorton & Co., which was engaged at Black Bock dam, near Buffalo, in the manufacture of cassimeres and jeans; and during that season the defendants were forwarders and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The goods in question were delivered to the defendants on the 3d of July, and during that night were burned without fault or negligence on their part. If at that time they were liable as forwarders only, they are not responsible for the loss. If, on the other hand, their liability as carriers had attached, then they must pay for the goods; and this is the question to be determined.
The defendants were both carriers and warehousemen In such a case it is well…
2Cited by26 opinions
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Clark v. . WoodruffNew York Court of Appeals · 1881
- Conkey v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1872
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893
- Martindale v. ParsonsIndiana Supreme Court · 1884
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