Legal Opinion

Cole v. Goodwin & Story

New York Supreme Court

Decided May 15, 1838PublishedCited by 61 opinions

This was an action on the case against the defendants as common carriers, tried at the Otsego circuit in April, 1834, before the Hon. Robert Monell, one of the circuit judges. The defendants were stage coach proprietors, on a line from Cherry Valley in Otsego county, to Manlius in Onondaga county, and from thence west.

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This was an action on the case against the defendants as common carriers, tried at the Otsego circuit in April, 1834, before the Hon. Robert Monell, one of the circuit judges. The defendants were stage coach proprietors, on a line from Cherry Valley in Otsego county, to Manlius in Onondaga county, and from thence west. The plaintiff took a seat in one of their coaches as a passenger from Cherry Valley to Madison, a town in the line of the route, and paid the usual fare for himself and his baggage, consisting of a trunk containing clothing, $20 in bankbills, and a few books. The name of the…

1Opinion of the Court

By Mr. Justice Bronson.

The opinion delivered by me jn t{je preceding case of Hollister v. Nowlen, renders it unnecessary to examine some of the questions made on the trial. That coach proprietors are answerable as common carriers for the baggage of passengers, and that they cannot limit their liability by a general notice brought home to the employer, are now settled questions, so far as this court is concerned.

The objection that both of the defendants are not responsible for the act, or default of the driver employed by one of them, is answered by the case of Bostwick v. Champion, 11…

2Cases cited5 opinions

  1. Orange County Bank v. BrownNew York Supreme Court · 1832
  2. Gibson v. CulverNew York Supreme Court · 1837
  3. Matthews v. BarnesTennessee Supreme Court · 1927
  4. Mason v. City of NashvilleTennessee Supreme Court · 1927
  5. Badgett v. LonesTennessee Supreme Court · 1926

3Cited by61 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. York Company v. Central RailroadSupreme Court of the United States · 1866
  3. F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
  4. Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
  5. Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874

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