Moriarty v. Harnden's Express
New York Court of Common Pleas
Appeal by the defendant from a judgment entered on a verdict, and from an order denying a motion for a new trial. The complaint averred the delivery to the defendants, as common carriers, of two boxes of goods, to he carried from Mew York to Selma, Alabama ; that defendants delivered the boxes at Selma, hut “ so negligently conducted themselves in and about the transportation of the goods, and the taking care thereof, that a part thereof—two pieces of silk, one box of…
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Appeal by the defendant from a judgment entered on a verdict, and from an order denying a motion for a new trial. The complaint averred the delivery to the defendants, as common carriers, of two boxes of goods, to he carried from Mew York to Selma, Alabama ; that defendants delivered the boxes at Selma, hut “ so negligently conducted themselves in and about the transportation of the goods, and the taking care thereof, that a part thereof—two pieces of silk, one box of hosiery, and box of pins, of the value of three hundred dollars, have been wholly lost.” The proof on the part of plaintiff…
1Opinion of the Court
By the Court.
Brady, J.
The defendants agreed to carry from this city to Selma, Alabama, two cases of goods marked M. & E. Meyer & Co. At the time the goods were delivered a receipt “ was filled up ” by I. Emanuel & Co. who were acting for the plaintiffs in forwarding the goods, and given to the defendants’ driver who signed it. That receipt was produced and put in evidence by the plaintiffs after they had rested and a motion for nonsuit had been made on the ground that it appeared from the evidence that there was a written contract which the-plaintiffs .had not produced. After its introduction…
2Cited by7 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Bates v. WeirAppellate Division of the Supreme Court of the State of New York · 1907
- Jackson Architectural Iron Works v. HurlbutNew York Court of Common Pleas · 1895
- Smith v. Robinson Bros. Lumber Co.New York Supreme Court · 1895
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