Whitworth v. . Erie Railway Company
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Sew York, in favor of defendant, entered upon an order made May 20, 1879, which overruled plaintiffs’ exceptions, and directed judgment on an order dismissing plaintiffs’ complaint on trial.
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Appeal from judgment of the General Term of the Superior Court of the city of Sew York, in favor of defendant, entered upon an order made May 20, 1879, which overruled plaintiffs’ exceptions, and directed judgment on an order dismissing plaintiffs’ complaint on trial. (Reported below, 13 J. & S. 6U2.) This action was brought against defendant to recover for the loss of four hundred and twenty-eight bales of cotton, which had been shipped at Memphis for Liverpool, and had been transported over defendant’s road, and were destroyed by fire while in its freight-house at Jersey City. The facts are…
1Opinion of the Court
Andrews, Ch. J.
The bills of lading, of the Erie and Pacific Dispatch, and the Great Western Dispatch Company, under which the cotton was shipped, contain provisions, limiting the liability of the carriers, and among others, a provision that the respective companies, and their connections, should not be liable “ for loss or damage to the property by fire, while in transit, or while in deposit or places of transshipment, or at depots or landings at any point of delivery.”
The bills of lading were through contracts; that is, contracts for the carriage of the cotton from Memphis, the place of…
2Cases cited4 opinions
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Read v. . SpauldingNew York Court of Appeals · 1864
- Babcock v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1872
- Mills v. . the Michigan Central R.R. Co.New York Court of Appeals · 1871
3Cited by28 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Stewart v. . StoneNew York Court of Appeals · 1891
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Western Assur. Co. of Toronto v. J. H. Mohlman Co.Court of Appeals for the Second Circuit · 1897
- N. & M. Friedman Co. v. Atlas Assurance Co.Michigan Supreme Court · 1903
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