Knapp v. Curtis
New York Supreme Court
This was an action on the case, tried at the Erie circuit in September, 1830,-before the Hon. Addison Gardiner, one of the circuit judges. On the 10th November, 1827, the defendants, as ware-housemen, or store keepers, received on their wharf at Buffalo, 21X barrels of salt, belonging to the plaintiff.
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This was an action on the case, tried at the Erie circuit in September, 1830,-before the Hon. Addison Gardiner, one of the circuit judges. On the 10th November, 1827, the defendants, as ware-housemen, or store keepers, received on their wharf at Buffalo, 21X barrels of salt, belonging to the plaintiff. About the first of December following an agent of the plaintiff requested the salt to be put into a store house, and it was agreed it should be done, unless it was soon sold, the harbor then being free from ice and vessels being expected down the lake. On the 27th January, 1828, there was a…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judge stated the law correctly to the jury: that the defendants, as warehousemen or store keepers, were not liable, if they had used all the care and diligence respecting the salt in question which prudent men exercise in relation to their own property. That if they had been guilty of negligence, it must have consisted either, 1. In a want of care and prudence in not raising their wharf and store higher; or 2. In omitting to put the salt into the storehouse; or. 3. In omitting to secure the salt after the storm commenced. On all these points the testimony was…
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