Teall v. Sears
New York Supreme Court
Case, brought against the defendants as common carriers, for the loss of a case of goods. The plea was the general issue. The cause was tried before Justice Parker, at the Albany circuit, in December, 1848, and by consent of parties a verdict for. $112 was taken for the plaintiffs, subject to the opinion of the court. It appeared on the trial that, at Boston, in September or October, 1846, three cases of goods marked"" A. B. Case, Chicago,” were delivered to the plaintiffs.
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Case, brought against the defendants as common carriers, for the loss of a case of goods. The plea was the general issue. The cause was tried before Justice Parker, at the Albany circuit, in December, 1848, and by consent of parties a verdict for. $112 was taken for the plaintiffs, subject to the opinion of the court. It appeared on the trial that, at Boston, in September or October, 1846, three cases of goods marked"" A. B. Case, Chicago,” were delivered to the plaintiffs. Two of the cases only arrived at Chicago, their place of destination. The other case was not delivered. It contained…
1Opinion of the Court
By the Court, Wright, J.
There is but a single point in this case, viz. Were the defendants common carriers of the three cases of goods from Buffalo to Chicago? If they were not, but were merely acting in the capacity of warehousemen and forwarders, they are not liable. As bailees of the latter character, they would only be liable for ordinary neglect, of which there is no pretense.
There is, especially in this country, a class of persons who usually combine in their business the double character of ware-housemen and agents for a compensation, to ship and forward goods to their destination.…
2Cases cited1 opinion
- Roberts v. TurnerNew York Supreme Court · 1815
3Cited by3 opinions
- Moore v. EvansNew York Supreme Court · 1852
- Cherry v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1895
- Stannard v. . PrinceNew York Court of Appeals · 1876