Collins v. . Burns
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order overruling defendants1 exceptions and directing judgment upon a verdict. This action was brought to recover damages for the alleged non-delivery of four cases of merchandise delivered to defendants. at Liverpool to be transported to Jersey City. The evidence showed the delivery of the goods to defendants at Liverpool consigned to plaintiffs.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order overruling defendants1 exceptions and directing judgment upon a verdict. This action was brought to recover damages for the alleged non-delivery of four cases of merchandise delivered to defendants. at Liverpool to be transported to Jersey City. The evidence showed the delivery of the goods to defendants at Liverpool consigned to plaintiffs. The bill of lading therefor contained-this clause: “The goods to be taken from alongside by the consignee immediately the vessel is ready to…
1Opinion of the CourtRapallo, J.
The claim of the plaintiffs to recover in this action for the missing packages of goods is founded upon the well established rule that a warehouseman is responsible for a'loss arising from a negligent delivery of property in his charge, to a person not authorized by the party for whom it is stored to receive it.
The defendants dispute in the first place that they stood in the position of warehousemen in respect to the property in question. The facts established upon the trial bearing upon this question were that the cases of goods in controversy were shipped on board the steamer of the…
2Cases cited2 opinions
- O'Neill v. . JamesNew York Court of Appeals · 1870
- The SanteeU.S. Circuit Court for the District of Southern New York · 1870
3Cited by12 opinions
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- David Crystal, Inc. v. Cunard Steam-Ship CompanyDistrict Court, S.D. New York · 1963
- Gulf Compress Co. v. HarringtonSupreme Court of Arkansas · 1909
- Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
- Rosenstein v. . VogemannNew York Court of Appeals · 1906
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