Conger v. Hudson River Railroad
The Superior Court of New York City
Motion, on the part of the plaintiffs, for judgment on a verdict in their favor, the questions of law arising on the trial having been directed to be heard, in the first instance, at the General Term. C The action was brought to recover damages from the defendants, as common carriers, for their delay in the transportation, upon their railroad, of cattle belonging to the plaintiffs, from Albany to Hew York. \ The answer denied all the material allegations in the complaint.
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Motion, on the part of the plaintiffs, for judgment on a verdict in their favor, the questions of law arising on the trial having been directed to be heard, in the first instance, at the General Term. C The action was brought to recover damages from the defendants, as common carriers, for their delay in the transportation, upon their railroad, of cattle belonging to the plaintiffs, from Albany to Hew York. \ The answer denied all the material allegations in the complaint. The cause was tried before Campbell, J., and a jury, in November, 1854, 'and the following are the material facts proved…
1Opinion of the CourtBy the Court. Woodruff, J.
The undertaking and duty of a common carrier, on receiving goods for carriage, is twofold: First, to carry and deliver safely. Second, so to carry and deliver within a reasonable time.
The first duty is absolute. Hothing but the act of God or the public enemies will relieve the carrier from its performance.
The second duty is relative, depending upon various circumstances and conditions under which goods are received, the means at the command of the carrier, and the absence of fault on his part in the provision he has made for the performance of his duty.
What is a reasonable time must always be…
2Cases cited1 opinion
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
3Cited by13 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Evans v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Blackstock v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
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