Hedges v. Hudson River Railroad
The Superior Court of New York City
This action was brought by the consignee of some 2000 reams of paper, received by the defendants as common carriers for transportation to New York by their railroad, to recover damages, because of their failure to deliver 1550 reams thereof; the same having been burned in the depot yard of the defendants while yet remaining in the car, by a fire of incendiary origin.
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This action was brought by the consignee of some 2000 reams of paper, received by the defendants as common carriers for transportation to New York by their railroad, to recover damages, because of their failure to deliver 1550 reams thereof; the same having been burned in the depot yard of the defendants while yet remaining in the car, by a fire of incendiary origin. Hpon the arrival of the train containing the paper, the defendants sent a written notice to the plaintiffs, informing them that such. paper had arrived, and also stating that unless it was taken away without delay, it would be…
1Opinion of the Court
By the Court, Barbour, J.
The general rule is that the liability of common carriers who have received goods for transportation is continued until the actual delivery thereof to the consignee at the place of destination. Where actual delivery is impossible, however, because the consignee cannot be found, or because of his neglect to take the goods away within a reasonable time, the carrier may divest himself of his common law liability by placing them in a warehouse belonging either to himself or to another, to be there stored for the.benefit and at the charge and ordinary risk of the owner,…
2Cases cited2 opinions
- Michigan Central Railroad v. WardMichigan Supreme Court · 1853
- Moses v. Boston & Maine RailroadSupreme Court of New Hampshire · 1856