Elliott v. Rossell
New York Supreme Court
THIS was an action on the case. The cause was tried at the circuit court, in St. Lawrence county, on the 24th of June, 1812, before Mr. Justice Thompson. The defendants were merchants residing at Ogsdenburgh, and . & & owners of the schooner called the Experiment, and of scows, for the purpose of carrying goods and merchandise to, and from, the different ports and places on Lake Ontario, and Ogdensburgh, and Montreal.
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THIS was an action on the case. The cause was tried at the circuit court, in St. Lawrence county, on the 24th of June, 1812, before Mr. Justice Thompson. The defendants were merchants residing at Ogsdenburgh, and . & & owners of the schooner called the Experiment, and of scows, for the purpose of carrying goods and merchandise to, and from, the different ports and places on Lake Ontario, and Ogdensburgh, and Montreal. In July, 1810, the defendants issued the follow- . . - . mg public advertisement, or notice: “ The subscribers inform the public, that they have formed a very extensive…
1Opinion of the Court
Kent, Ch. J.
The defendants move for a new trial on the following grounds:
1. Because the judge ruled that the contract placed th,e defendants in the character of common carriers.
2. Because he ruled that the testimony, as to what happened at Ogdensburgk, did not change their responsibility.
3. Because the verdict was against evidence.
1. The defendants, by their advertisement, undertook the carrying business, or the transportation of property for hire, from the ports of Lake Ontario to Montreal, by carrying the same in vessels from the ports of the lake to Ogdensburgh, and in scows and batteaux,…
2Cases cited1 opinion
- Bell v. ReedSupreme Court of Pennsylvania · 1810
3Cited by24 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
- American Transportation Co. v. MooreMichigan Supreme Court · 1858
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