Bush v. Romer
New York Supreme Court
Appeal from a judgment of the Dutchess county court upon the verdict of a jury in favor of the plaintiff, in an action originating in a justice’s court. The defendants, William F. Romer and Jacob Tremper, were, in the spring of 1873, common carriers, doing business under the firm name of Romer & Tremper, and running a line of steamers between Albany and Newburgh, on the Hudson river, stopping at intermediate places, of which Hyde Park was one.
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Appeal from a judgment of the Dutchess county court upon the verdict of a jury in favor of the plaintiff, in an action originating in a justice’s court. The defendants, William F. Romer and Jacob Tremper, were, in the spring of 1873, common carriers, doing business under the firm name of Romer & Tremper, and running a line of steamers between Albany and Newburgh, on the Hudson river, stopping at intermediate places, of which Hyde Park was one. Plaintiff, John W. Bush, who was a dealer in trees, on the 25th of April, 1873, shipped, at Waterloo, N. Y., a box of trees, of the value of $140.10,…
1Opinion of the CourtBarnard, P. J.
This is a plain case. The defendants are common carriers. As such, they undertook to transport for the plaintiff, from Albany to Hyde Park, a quantity of trees, and deliver them to the plaintiff there. They did not so deliver them; but did deliver them to a Mr. Witherwax, who had no authority to receive them for the plaintiff. Hnder this state of facts, the plaintiff is entitled to recover the value of the trees.
The case of Viner v. New York, etc., Steamboat Co., 50 N. Y. 23, is a decisive authority. That case holds, that the liability of the carrier continues until the property is delivered…
2Cases cited1 opinion
- Viner v. New York, Alexandria, Georgetown & Washington Steamship Co.New York Court of Appeals · 1872