Briggs v. New York Central Rail Road
New York Supreme Court
CBOSS-APPEALS from a judgment entered at the circuit, upon a verdict. The action was commenced on the 20th day of December, 1853, and was brought to recover against the defendants, as common carriers, between Bochester and Borne, the value of 72 boxes of seeds shipped at Bochester for Sacket’s Harbor, and to be delivered to the Borne and Watertown Bail Boad Company at Borne; the defendants not to be responsible after the seeds should be delivered to the Borne and Watertown…
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CBOSS-APPEALS from a judgment entered at the circuit, upon a verdict. The action was commenced on the 20th day of December, 1853, and was brought to recover against the defendants, as common carriers, between Bochester and Borne, the value of 72 boxes of seeds shipped at Bochester for Sacket’s Harbor, and to be delivered to the Borne and Watertown Bail Boad Company at Borne; the defendants not to be responsible after the seeds should be delivered to the Borne and Watertown Bail Boad Company. The cause was tried before Smith, justice, at the Monroe circuit, in April, 1856. It was admitted on…
1Opinion of the CourtJohnson, J.
It appears from the case that the goods were delivered by the defendants to the Rome and Watertown Rail Road Company on the 19th of December, and this action was commenced on the following day. The rights of the parties must, of course, be determined by the state of things existing at the time the action was commenced. The plaintiffs then had a cause of action, but it was not for a destruction, or a conversion of the goods. It was for negligence in not delivering, in a reasonable time, to the Rome and Watertown Rail Road Company. The goods had then been delivered to that company by the…
2Cited by6 opinions
- Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
- Spann v. Erie Boatman's Transp. Co.New York Supreme Court · 1895
- Farwell v. DavisNew York Supreme Court · 1867
- Rankin v. Pacific R. R.Supreme Court of Missouri · 1874
- Spalding v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1903
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