Ball v. New Jersey Steamboat Co.
New York Court of Common Pleas
Appeal by the plaintiff from a judgment entered on a referee’s report. This was an action against the defendants as common carriers to recover the value of a trunk placed on board their boat, the “New World.” On the 14th of August, 1861, the plaintiff sent a trunk containing his wife’s clothing by a cartman to bo delivered on board one of the defendant"s boats for Albany.
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Appeal by the plaintiff from a judgment entered on a referee’s report. This was an action against the defendants as common carriers to recover the value of a trunk placed on board their boat, the “New World.” On the 14th of August, 1861, the plaintiff sent a trunk containing his wife’s clothing by a cartman to bo delivered on board one of the defendant"s boats for Albany. The cartman took the trunk to the clock where one of the defendants’ employees asked him “ where he was going?” He answered that he wanted to put the trunk on board. The man then directed him “to drive to the first-gangway…
1Opinion of the Court
By the Court.
Daly, F. J.
There was no contract, express or implied, to carry the trunk as baggage, for no person went with it as a passenger that night in the defendant’s steamboat ; nor was it delivered to be transported as freight, which, by the established course of the defendant’s business, is received by clerks as it comes upon the wharf, and taken to a different set of clerks, where it is weighed, or tallied, entered, receipted "ifor, and then stowed away; the rule being that the delivery of the goods, to charge the carrier, must be to the servant or agent appointed to receive them, and…
2Cited by3 opinions
- Gleason v. Goodrich Transportation Co.Wisconsin Supreme Court · 1873
- The R. G. WinslowDistrict Court, D. Wisconsin · 1860
- Macklin v. New Jersey Steamboat Co.New York Court of Common Pleas · 1869