Shelton v. Merchants' Dispatch Transportation Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was against defendant as a common carrier, for failure to deliver goods intrusted to it for transportation.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was against defendant as a common carrier, for failure to deliver goods intrusted to it for transportation. The referee found the following facts: That on the 2d day of October, 1871, the plaintiff purchased at the city of Hew York, of the firm of H. B. Claflin & Co., a quantity of goods, and directed them to ship the same to him at Janesville, Wisconsin, by the, defendant’s line. The goods so purchased were…
1Opinion of the CourtJohnson, J.
The referee refused to find that, previous to the shipment in question, H. B. Claflin & Co. had been large shippers by the defendant’s line, and had been always accustomed to obtain bills of lading for the goods shipped; and also that the defendants were carriers upon a route terminating at Chicago, and not extending to Janesville, Wisconsin; and that between the latter points transportation had to be performed by separate and independent carriers. These matters the referee refused to find, on the ground that thqy were immaterial to the-rights of the parties. In this we think he erred, and…
2Cases cited2 opinions
- Nelson v. Hudson River RailroadCommission of Appeals · 1872
- Mills v. . the Michigan Central R.R. Co.New York Court of Appeals · 1871
3Cited by8 opinions
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- State Ins. Co. of Des Moines v. TaylorSupreme Court of Colorado · 1890
- Steel v. Phenix Ins.Court of Appeals for the Ninth Circuit · 1892
- St. Paul Fire & M. Insurance v. McGregorTexas Supreme Court · 1885
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