Steinweig v. . the Erie Railway
New York Court of Appeals
Appeal from the judgment of the General Term of the ¡New York Common Pleas, affirming a judgment in favor of the plaintiff entered upon a verdict, rendered at a trial before Hr. Justice Beady and a jury.
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Appeal from the judgment of the General Term of the ¡New York Common Pleas, affirming a judgment in favor of the plaintiff entered upon a verdict, rendered at a trial before Hr. Justice Beady and a jury. The case shows the following facts : On the 28th day of September, 1865, the plaintiff’s assignor shipped by the defendant two cases of merchandise on a bill of lading' that contained this provision : “ And in consideration that this company has reduced the price of such transportation below its local rates, the shipper and owner does hereby release the Erie railway company * * from liability…
1Opinion of the CourtFolger, J.
The conceded facts in the case sustain the finding of the jury, that the goods in transit on the appellant’s cars, while in appellant’s charge, were destroyed by fire, kindled by sparks from the engine while in motion. The court below was warranted in instructing the jury that the bill of lading received from the appellant by the assignor of the respondent formed a special contract between them. The appellant remained, however, subject to all the common law liability of a common carrier, save so far as it was exempted therefrom by the effect of such special contract. (Dorr v. N. J. Nav. Co.,…
2Cases cited1 opinion
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
3Cited by36 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
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