Penn v. . Buffalo Erie R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below 3 Lans., 443.) The action was brought to recover damages for injury sustained by plaintiff’s cattle while being transported upon defendant’s road from Erie, Pa., to Buffalo.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below 3 Lans., 443.) The action was brought to recover damages for injury sustained by plaintiff’s cattle while being transported upon defendant’s road from Erie, Pa., to Buffalo. The cattle were transported under an agreement, w'hich contained, among other things, the following: “ The said party of the second part (plaintiff) does hereby agree to take, and hereby…
1Opinion of the CourtAllen, J.
The liability of a common carrier of animals is essentially different from that of a carrier of merchandise or other inanimate property. While common carriers are insurers of inanimate property against all loss and damage except such as is inevitable or caused by public enemies, they are not insurers of animals against injuries arising from their nature and propensities, and which could not be prevented by foresight, vigilance and care. (Clarke v. Rochester and Syracuse R. R. Co., 14 N. Y., 570; Michigan S. and N. I. R. R. Co. v. McDonough, 21 Mich., 165; Angell on Carriers, § 214 a.) But for…
2Cases cited3 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Michigan Southern & Northern Indiana Railroad v. McDonoughMichigan Supreme Court · 1870
3Cited by10 opinions
- Atlantic Coast Line R. R. v. RiceSupreme Court of Alabama · 1910
- Galveston, Harrisburg & San Antonio Railway Co. v. PowersCourt of Appeals of Texas · 1909
- Waldron v. . FargoNew York Court of Appeals · 1902
- Central Railroad & Banking Co. v. Smitha & ChastainSupreme Court of Alabama · 1887
- Richardson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
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