Hollister v. Nowlen
New York Supreme Court
This was an action against' the defendant as a common carrier for the loss of the plaintiff’s trunk and contents. A case was agreed on between the parties stating the following facts : The defendant was a member of a company, the proprietors of three daily lines of stage-coaches running between Canandaigua and Buffalo, one of which was called the Telegraph line.
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This was an action against' the defendant as a common carrier for the loss of the plaintiff’s trunk and contents. A case was agreed on between the parties stating the following facts : The defendant was a member of a company, the proprietors of three daily lines of stage-coaches running between Canandaigua and Buffalo, one of which was called the Telegraph line. The defendant resided at Avon, and with his teams and coaches ran that part of the route lying between Avon and Le Roy. East of Canandaigua the line was owned by other proprietors. The plaintiff resided at Utica, and at that place…
1Opinion of the Court
By the Court,
Bronson, J.
Stage coach proprietors, and other carriers by land and water, incur a very different responsibility in relation to the passenger and his baggage. For an injury to the passenger, they are answerable only where there has been a want of proper care, diligence or skill; but in relation to baggage they are regarded as insurers, and must answer for any loss not occasioned by inevitable accident or the public enemies. As the point, though made, was not discussed by the defendant’s counsel, I shall content myself with referring to a few cases to prove that they are liable as…
2Cases cited1 opinion
- Orange County Bank v. BrownNew York Supreme Court · 1832
3Cited by26 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Henry Oppenheimer & Co. v. United States Express Co.Illinois Supreme Court · 1873
- Bingham v. RogersSupreme Court of Pennsylvania · 1843
- Merritt v. EarleNew York Supreme Court · 1859
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