Barney v. Burstenbinder
New York Supreme Court
This was an appeal from a judgment entered on a verdict and from an order refusing a new trial. The action was brought by the plaintiff as president of Wells, Fargo & Co., a joint stock association, against the appellant and others, to recover damages for injury to the property of Wells, Fargo & Co. and of others, in their possession, caused by an explosion of a box of nitro-glycerine, delivered to the plaintiffs’ company as common carriers, for transportation from New York…
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This was an appeal from a judgment entered on a verdict and from an order refusing a new trial. The action was brought by the plaintiff as president of Wells, Fargo & Co., a joint stock association, against the appellant and others, to recover damages for injury to the property of Wells, Fargo & Co. and of others, in their possession, caused by an explosion of a box of nitro-glycerine, delivered to the plaintiffs’ company as common carriers, for transportation from New York to Los Angelos, Cal. The defendant, Burstenbinder, answered, denying the allegation that he delivered the box to the…
1Opinion of the Court
By the Court,
Court, Gilbert, J.
The verdict of the jury established the fact that Deveau was the agent of the defendant in shipping the nitro-glycerine in question, and that the same was shipped by Deveau in the due course of his business as such agent, without giving any notice to the plaintiff of the dangerous nature of the article shipped. The evidence was conflicting. The subject, however, was fairly submitted to the jury under proper instructions, and their verdict must be held conclusive. The question is whether there is an implied duty oil the part of shippers of goods of this…
2Cases cited3 opinions
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Smith v. BullNew York Supreme Court · 1837
- Pierce v. WinsorU.S. Circuit Court for the District of Massachusetts · 1861
3Cited by13 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Little v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Campbell v. W. M. Ritter Lumber Co.Court of Appeals of Kentucky · 1910
- Brisbane v. . Pennsylvania R.R. Co.New York Court of Appeals · 1912
- Flynn v. Central RailroadThe Superior Court of New York City · 1891
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