Mitchell v. Weir
Appellate Terms of the Supreme Court of New York
. Appeal from a judgment of the justice of the Seventh District Court in favor of the plaintiff for $50 damages, besides costs. The recovery was for the value of a bicycle intrusted to the defendant as a common carrier.
1Opinion of the CourtDaly, P. J.
The plaintiff, a professional nurse, purchased a bicycle for $50 and delivered it to defendant’s express company, in Brooklyn to be shipped tó. Sussex, Hew Brunswick, Canada, at the same time signing and delivering 'to the company at its *531request duplicate papers to enable the company to get.the machine through the Canadian Custom House. ' This was on June I, 1896. The bicycle was never delivered in Sussex, the company having mislaid the duplicate paper sent with the machine. Upon the plaintiffs arrival in Sussex, a week after the shipment, she made inquiries of the express company’s agent…
2Cases cited5 opinions
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
- Scovill v. . GriffithNew York Court of Appeals · 1855
- Sturgess v. . BissellNew York Court of Appeals · 1871
- American Express Co. v. BaldwinIllinois Supreme Court · 1861
3Cited by3 opinions
- King v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1897
- Jessup v. PlattAppellate Terms of the Supreme Court of New York · 1912
- Jessup v. PlattAppellate Terms of the Supreme Court of New York · 1912