W. N. Stevenson & Co. v. Hartman
New York Court of Appeals
Appeal, by permission, from- a judgment, entered May 5, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division and directing judgment in favor of defendant upon the verdict at the trial court. Defendant on the pleadings and proof was a common carrier and insurer of the goods and liable whether negligent or not.
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Appeal, by permission, from- a judgment, entered May 5, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division and directing judgment in favor of defendant upon the verdict at the trial court. Defendant on the pleadings and proof was a common carrier and insurer of the goods and liable whether negligent or not. Verdict should have been directed for plaintiff. (Jackson v. Hurlbut, 158 N. Y. 37; Murray v. Dwight, 161 N. Y. 305; Fein v. Weir, 129…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought to recover the value of merchandise delivered by plaintiff to defendant, a cartman, for transportation within the city of New York. After the goods had been delivered to him and placed upon his cart he was temporarily called away and while thus absent some thief drove his cart away and stole the merchandise.
It was established, we think, that if defendant received these goods as an ordinary bailee he was not guilty of any neglect of duty which made him responsible foi the value thereof. On the other hand, it is practically conceded by him that if he…
2Cases cited3 opinions
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- Allen v. . SackriderNew York Court of Appeals · 1867
- Anderson v. . Fidelity Casualty Co.New York Court of Appeals · 1920
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- Gerhard & Hey, Inc. v. Cattaraugus Tanning Co.New York Court of Appeals · 1926
- Houle v. LewonisMassachusetts Supreme Judicial Court · 1923
- People v. Heckman Trucking Co.New York Court of Appeals · 1938
- Yellow Book of New York, Inc. v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2010
- People v. Horton Motor Lines, Inc.New York Court of Appeals · 1939
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