Park v. . Preston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the first judicial department, entered upon an order made October 9, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought against defendants as common ■carriers, for breach of contract to transport and deliver a quantity of iron. The iron was received at New York by ■defendants on board the canal boat Richard Collins, bound for Buffalo.
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Appeal from judgment of the General Term of the Supreme ■Court in the first judicial department, entered upon an order made October 9, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought against defendants as common ■carriers, for breach of contract to transport and deliver a quantity of iron. The iron was received at New York by ■defendants on board the canal boat Richard Collins, bound for Buffalo. On its way up the Hudson river the boat, with the iron on board, was sunk; a part of the iron was lost and the residue greatly damaged. The…
1Opinion of the CourtAndrews, J.
It is conceded that if the defendants received and accepted the iron under the responsibilities imposed upon common carriers by the common law, they are liable for the-, loss of the iron by the sinking of the canal boat on which it. was laden in the Hudson river. It is not claimed that the loss, was occasioned by .the act of God or the public enemy, or by a peril of the sea such as by the common law exempts a, carrier from responsibility. The defendants insist that the iron was carried under the terms of a bill of lading which contains a special exception of “dangers or accidents of…
2Cases cited1 opinion
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
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- Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Donovan v. . Standard Oil Co.New York Court of Appeals · 1898
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