Lamb v. Camden & Amboy Railroad & Transportation Co.
New York Court of Common Pleas
Appeal by the defendant from a judgment entered on the verdict of a jury. The action was brought to recover damages for the loss of 138 bales of cotton, part of a larger amount, which had been delivered to the defendants at Philadelphia, to be transported by them to New York. 790 bales of cotton were shipped by the plaintiffs, June 25th, 1864, at Cairo, Illinois, on the Illinois Central Eailroad, to be carried by them to Chicago.
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Appeal by the defendant from a judgment entered on the verdict of a jury. The action was brought to recover damages for the loss of 138 bales of cotton, part of a larger amount, which had been delivered to the defendants at Philadelphia, to be transported by them to New York. 790 bales of cotton were shipped by the plaintiffs, June 25th, 1864, at Cairo, Illinois, on the Illinois Central Eailroad, to be carried by them to Chicago. The Illinois Central Eailroad Co. issued its receipts or bills of lading for the cotton, and carried and delivered it to the Union Transportation and Insurance…
1Opinion of the Court
Daly, F. J.
The defendants, by their special agreement, qualified their liability as common carriers in two particulars.
First. They were not to be responsible for a loss by fire.
Second. If responsible for loss, the cost or value of the property at the time of shipment was to govern in the settlement of the loss. They did not by this agreement divest themselves of their public character as common carriers, but the effect of it was simply to exempt them from liability, if the property should be destroyed by fire, without fault or negligence on their part (Swindler v. Hilliard, 2 Richardson R.…
2Cases cited15 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Read v. . SpauldingNew York Court of Appeals · 1864
- Clendaniel v. TuckermanNew York Supreme Court · 1853
- Arent v. Squire & JohnsonNew York Court of Common Pleas · 1863
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- Railway Co. v. BirnieSupreme Court of Arkansas · 1894
- Rosenstein v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1884
- Bateman v. RuthNew York Court of Common Pleas · 1871
- Bennett v. AustinNew York Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.