Spears v. Lake Shore & Michigan Southern Railroad
New York Supreme Court
TRIAL at the Erie circuit. Jury waived. The following facts were either proved or admitted on the trial. 1st. The plaintiffs are copartners, engaged in shipping oil from the oil fields in Western Pennsylvania to Boston, by railroad. 2d.
Read the full summary
TRIAL at the Erie circuit. Jury waived. The following facts were either proved or admitted on the trial. 1st. The plaintiffs are copartners, engaged in shipping oil from the oil fields in Western Pennsylvania to Boston, by railroad. 2d. The Buffalo and Erie Railroad Company was a common carrier of goods from and between Erie, Pa., and Buffalo, N. Y. It was consolidated into the Lake Shore and Michigan Southern Rail Road Company, and the latter company became liable to suit for causes of action against the former railroad company. 3d. On and prior to the 11th day of November, 1867, there was a…
1Opinion of the CourtBarker, J.
At the time the plaintiff’s property was destroyed, it was in the sole possession and under the exclusive management of the Buffalo and Erie Railroad Company. Its preservation and protection from damage was beyond the supervision of the plaintiffs, and was wholly confided to the oversight of the said company and its agents.
The liability of the company for the damages arising from the loss, is sought to be maintained upon the ground that the entrustment of the property was made *517to the corporation, now represented by the defendant, as a common carrier of merchandise. Unless it is held that such…
2Cases cited2 opinions
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Bush v. MillerNew York Supreme Court · 1852
3Cited by1 opinion
- Lewis v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1914