Mairs v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Baltimore and Ohio Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of June, 1901, denying the defendants’ motion for a new trial made upon the minutes and for a reargument of said…
Read the full summary
Appeal by the defendants, the Baltimore and Ohio Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of June, 1901, denying the defendants’ motion for a new trial made upon the minutes and for a reargument of said motion and also denying leave to the defendants to amend their answer. The action was brought to recover' damages…
1Opinion of the Court
Hatch, J.:
The evidence in this case is without practical dispute and in all essential features the questions involved are solely questions of law.
The rights and obligations of a common carrier at common law were essentially those of an insurer of the delivery of the goods to the owner or consignee at their point of destination. The only matters which could be invoked by the carrier as an excuse for failure to deliver the goods to the consignee or owner, were that loss was occasioned by the act of God or the public enemy. It was early recognized, however, that such liability might be modified…
2Cases cited14 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
- Almy v. HarrisNew York Supreme Court · 1809
- Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People ex rel. Childs v. KnottAppellate Division of the Supreme Court of the State of New York · 1919
- People ex rel. Cosgriff v. CraigNew York Supreme Court · 1908