Williams v. Grant
Supreme Court of Connecticut
THIS was an action on the case against the defendants as common carriers. The declaration stated, that the defendants being owners of the sloop M‘Donough, a vessel used by them in the business of transporting goods for hire, received on board 450 bushels of salt belonging to the plaintiffs, to be transported, for a certain sum per bushel, from Providence to New-York, and there delivered, the danger of the seas only excepted ; and that while the sloop was proceeding down…
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THIS was an action on the case against the defendants as common carriers. The declaration stated, that the defendants being owners of the sloop M‘Donough, a vessel used by them in the business of transporting goods for hire, received on board 450 bushels of salt belonging to the plaintiffs, to be transported, for a certain sum per bushel, from Providence to New-York, and there delivered, the danger of the seas only excepted ; and that while the sloop was proceeding down Providence river, by the negligence and unskilfulness of the master, and in consequence of his ignorance of the navigation…
1Opinion of the Court
Swift, Ch. J.
Common carriers are liable for the loss of goods entrusted to their care, in all cases, except where the loss arises from the act of God, the enemies of the state, or the default of the party sending them. Under the term act of God are comprehended all misfortunes and accidents arising from inevitable necessity, which human prudence could not foresee or prevent; and in cases of this description, they may be liable for a loss arising from an inevitable necessity existing at the time of the loss, if they had been guilty of a previous negligence or misconduct, by which the loss may…
2Cited by34 opinions
- Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Read v. . SpauldingNew York Court of Appeals · 1864
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
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