United States Express Co. v. Backman
Ohio Supreme Court
Error to the Superior Court of Cincinnati in general term. Plaintiff below (defendant in error), on the 8tb day of June, 1869, caused to be delivered to plaintiff in error (defendant below), as a common carrier, the owner and proprietor of a certain line called the “ Great Western Dispatch,” one hundred and twenty-five barrels of whisky,, thirty-five half barrels of whisky, and two empty barrels, all of the alleged value of fifty thousand dollars, to be carried from the city…
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Error to the Superior Court of Cincinnati in general term. Plaintiff below (defendant in error), on the 8tb day of June, 1869, caused to be delivered to plaintiff in error (defendant below), as a common carrier, the owner and proprietor of a certain line called the “ Great Western Dispatch,” one hundred and twenty-five barrels of whisky,, thirty-five half barrels of whisky, and two empty barrels, all of the alleged value of fifty thousand dollars, to be carried from the city of Cincinnati, in the State of Ohio, to the city of New York, in the State of New York, for a reasonable reward.…
1Opinion of the CourtAshburn, J.
It is assigned for error in this court: 1. That the court aforesaid, on the trial of said cause at special term, erred in its charge to the jury ; .... 4. That said court, at general term, erred in affirming the judgment aforesaid.
In the view we have taken of the questions involved, the case will be disposed of in considering the exceptions taken by plaintiff in error to the charge of the court to the jury.
1. It is said the court below erred in assuming in its charge to the jury that the defendant below was a common carrier.
The court below, in its charge to the jury, did so assume, and among…
2Cases cited6 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Buckland v. Adams Express Co.Massachusetts Supreme Judicial Court · 1867
- Richards v. WestcottThe Superior Court of New York City · 1858
- Baldwin v. American Express Co.Illinois Supreme Court · 1859
- Gulliver v. Adams Express Co.Illinois Supreme Court · 1865
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