Roberts v. Turner
New York Supreme Court
THIS vvas an action on the case; against the defendant, as a ° ' common carrier, and was tried at the Alhamí circuit, in April, J *■- Iol4, before Mr. Justice Spencet. The defendant resided'at Utica, and pursued the business of forwarding merchandise and produce from Utica to Schenectady, tinA Albany.
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THIS vvas an action on the case; against the defendant, as a ° ' common carrier, and was tried at the Alhamí circuit, in April, J *■- Iol4, before Mr. Justice Spencet. The defendant resided'at Utica, and pursued the business of forwarding merchandise and produce from Utica to Schenectady, tinA Albany. The ordinary course of this business is, for the receive the merchandise or produce at his store, aacj sen(j q ]-,y the boatmen, who transport goods on the Mohawk ^ver’ or by wagons to Schenectady ,or Albany, for which he is paid at a certain rate per barrel, &c.; and his compensation consists…
1Opinion of the CourtSpencer, J.
On the fullest reflection, I perceive no grounds for changing the opinion expressed at the. circuit. The defendant is in no sense a common carrier, either from *233the nature of his business, or any community of interest with the carrier. Aldrich, who, as the agent of the plaintiff, delivered the ashes in question to the defendant, states the defendant to be a forwarder of merchandise and produce from Utica to Schenectady and Albany; and that he delivered the ashes, with instructions from the plaintiff to send them to Col, Trotter.
The case of a carrier stands upon peculiar grounds. He is held…
2Cited by12 opinions
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Hart v. Chicago & N. W. R'y Co.Supreme Court of Iowa · 1886
- Parker v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Francis v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1868
- Parker v. . R. R.Supreme Court of North Carolina · 1903
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