North British & Mercantile Insurance of London & Edinburgh v. Central Vermont Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by the North British Sc Mercantile Insurance Company of London & Edinburgh against the Central Vermont Railroad Company, the Ogdensburg Sc Lake Champlain Railroad Company, and the Ogdensburg Terminal Company, to recover the amount of insurance which plaintiff paid for goods insured by it and lost while in transit by the negligence of defendants. The complaint was dismissed, with costs, and plaintiff appeals. Affirmed..
1Opinion of the CourtParker, P. J.
The grain for the loss of which this action is brought, except 10,120 bushels of corn belonging to Harvey <& Co., and which was shipped under a Montreal bill of lading, and also except so much as is known as the “Hurlbut Grain,” was in the possession of the defendants, as common carriers, under bills of lading containing provisions yvhich exempted them from damages for loss occasioned by fire unless caused by the negligence of such defendants or their servants. It is claimed that, as to a certain lot of the grain shipped by Peavey & Co., in the schooner Hecla, the bill of lading was delivered…
2Cases cited8 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
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3Cited by5 opinions
- Home Insurance v. Northern Pacific Railway Co.Washington Supreme Court · 1943
- Missouri, K. & T. Ry. Co. v. DavisSupreme Court of Oklahoma · 1909
- Cook v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Empire State Insurance v. Central Vermont R. Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Harrington v. Wichita Falls & N. W. Ry. Co.Supreme Court of Oklahoma · 1916