Legal Opinion

Merritt v. Earle

New York Supreme Court

Decided December 12, 1859PublishedCited by 14 opinions

APPEAL from a judgment entered at a special term after a trial at the circuit.

1Opinion of the Court

By the Court, Emott, J.

This is an action against a common carrier. The complaint alleges that the defendant, on the first day of September, 1856, being then a common carrier between New York and Albany, by means of the steamboat Knickerbocker running on the Hudson river, undertook and agreed to transport two horses of the plaintiff from Albany to New York, and received them on board of his vessel. That the defendant did not safely transport the horses to New York, but on the passage down the steamboat was sunk by the negligence of those in charge of her, and the horses were lost. The answer…

2Cases cited5 opinions

  1. Allen v. SewallNew York Supreme Court · 1829
  2. McArthur v. SearsNew York Supreme Court · 1839
  3. Boynton v. PageNew York Supreme Court · 1835
  4. Hollister v. NowlenNew York Supreme Court · 1838
  5. Smith v. WilcoxNew York Supreme Court · 1857

3Cited by14 opinions

  1. Michaels v. New York Central RailroadNew York Court of Appeals · 1864
  2. Ex parte TiceOregon Supreme Court · 1897
  3. Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
  4. People v. DeweyNew York Supreme Court · 1898
  5. Reid v. StateSupreme Court of Alabama · 1875

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