Kirkland v. Dinsmore
New York Supreme Court
Appeal from a judgment rendered for the plaintiff upon the decision of the court. The action was brought by William E. Kirkland against William B. Dinsmore, President of the Adams Express Company.
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Appeal from a judgment rendered for the plaintiff upon the decision of the court. The action was brought by William E. Kirkland against William B. Dinsmore, President of the Adams Express Company. On or about March 25, 1865, a package of $200 in money was delivered to the Adams Express Company as common carriers, at Wilmington, N. C., by the plaintiff, to be transported to Hudson, N. Y. The agent of the company at Wilmington, upon receiving the package, delivered to the plaintiff a receipt. This receipt was produced on. this argument under a stipulation of counsel, for the inspection of the…
1Opinion of the CourtBoabdhan, J.
The. findings of facts accord entirely with the evidence. There is no conflict of evidence.
Are the- conclusions of law excepted to correct? It is conceded a common carrier may limit his liability by special contract. Did the defendant do so in this case? Had the plaintiff known the contents of the receipt and accepted the same with such knowledge, he would have been bound by its terms. In the absence of any proof upon that subject, it would be presumed the plaintiff knew the contents and assented to the conditions therein contained. So the courts have repeatedly held. Grace v. Adams, 100…
2Cases cited13 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Blossom v. . DoddNew York Court of Appeals · 1870
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
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