Williams v. . Vanderbilt
New York Court of Appeals
This action-was brought to recover damages for the failure of the defendant to carry the plaintiff from New York city to San Francisco, via Lake Nicaragua. Three claims in the complaint charged the defendant with neglect of duty as a common carrier in not transporting the plaintiff. The fourth and fifth claims charged the defendant with fraud in not transporting the plaintiff.
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This action-was brought to recover damages for the failure of the defendant to carry the plaintiff from New York city to San Francisco, via Lake Nicaragua. Three claims in the complaint charged the defendant with neglect of duty as a common carrier in not transporting the plaintiff. The fourth and fifth claims charged the defendant with fraud in not transporting the plaintiff. The action was tried at the Cayuga circuit, in October, 1855. One D. B. Allen acied as agent of the defendant, at the city of New York. He delivered tickets to the plaintiff, about the 1st of March, 1852, for…
1Opinion of the CourtBalcom, J.
This court decided, in Quimby v. Vanderbilt, (17 N. Y. Rep. 306,) that a part owner of one of several lines for the transportation of passengers, running in connection over different portions óf a route of travel, may contract as principal for the conveyance-of a passenger over the whole route; and that such contract may be established by the circumstances, notwithstanding the passenger receives tickets for the different lines, signed by their separate agents. Also, that passage tickets are generally to be regarded as tokens rather than contracts, and are not within the rule excluding parol…
2Cases cited4 opinions
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Briggs v. VanderbiltNew York Supreme Court · 1855
- White v. MannSupreme Judicial Court of Maine · 1846
3Cited by34 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
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