Canfield v. . Baltimore Ohio R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 5, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 5, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover the value of a quantity of jewelry, part of the contents of one of eighteen boxes delivered by plaintiffs to defendant, for transportation from Washington to New York, which jewelry, plaintiffs alleged, was, through defendant’s negligence, abstracted from the box while in its custody. In the bill of lading, opposite to the description of the packages, was…
1Opinion of the Court
Ruger, Ch. J.
When this ease was before this court on a former appeal (75 N. Y. 144) it did not affirmatively appear that for the period of three days, elapsing between the time of the delivery to the consignees, by the carrier of the boxes originally containing the lost goods, and the discovery of the loss of the property contained in them, that such care had been proved by the plaintiffs to have been taken of them during that period, as to exclude the possibility of the loss having occurred after the goods had arrived in the possession of the consignees, and, therefore, that no stronger…
2Cases cited8 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Schmidt v. BloodNew York Supreme Court · 1832
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Wells and Tucker v. . the Steam Navigation CompanyNew York Court of Appeals · 1853
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
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3Cited by34 opinions
- Alliance Assurance Company, Ltd. v. United StatesCourt of Appeals for the Second Circuit · 1958
- Dalton v. Hamilton Hotel Operating Co., Inc.New York Court of Appeals · 1926
- The OceanicaCourt of Appeals for the Second Circuit · 1909
- Goldstein v. . Pullman Co.New York Court of Appeals · 1917
- Wheeler v. Oceanic Steam Navigation Co.New York Court of Appeals · 1891
29 more not listed; retrieve them via the Exa API.