Sunderland v. Westcott
The Superior Court of New York City
Appeal from a judgment entered, upon the report of a referee in favor of plaintiff and against the defendants for $427 77. The action was brought to recover the value of a trunk and contents intrusted by plaintiff to defendants, an express company, as common carriers of baggage, for transportation and delivery, and lost. The defense is a special contract and performance.
1Opinion of the Court
By the court, Freedman, J.
The defendants are to be regarded as common carriers, and their responsibility for *469the safe delivery of property intrusted to them for transportation is to be measured by the rules of law which prescribe, limit, and determine the rights, duties, and liabilities of such carriers (Russell agt. Livingston, 19 Barb., 346; Sherman agt. Wells, 28 Barb., 403; Sweet agt. Barney, 23 N. Y., 335), According to these rules a common carrier may, by express contract between himself and the party contracting with him, restrict his common-law liability. In regard to the…
2Cases cited11 opinions
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- BISSELL v. City of JeffersonvilleSupreme Court of the United States · 1861
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Sweet v. . BarneyNew York Court of Appeals · 1861
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3Cited by2 opinions
- Grossman v. DoddNew York Supreme Court · 1892
- Strong v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1904