Nelson v. Hudson River Railroad
Commission of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of plaintiff, entered upon a decision of the court at circuit upon trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment in favor of plaintiff, entered upon a decision of the court at circuit upon trial without a jury. This action was submitted to the court on the trial thereof upon a statement of facts containing the following: Defendant was, at the time mentioned in the complaint, and for a long time previous thereto, accustomed to refuse to receive or carry, at its ordinary tariff rates, large mirrors and other articles too bulky to be carried in covered cars, and for that reason liable to extra…
1Opinion of the Court
Hunt, C.
It is admitted that the defendant was a common carrier at the time of receiving the looking-glass for transportation. It is conceded also, as a matter of law, that a common carrier may limit his liability by express contract. This has been held many times within a few years past (Redfield on Carriers, § 11 et seq.; Dorr v. N. J. Steamboat Nav. Co., 11 N. Y., 486; Bissell v. N. Y. C. R. R. Co., 25 id., 442.)
An agreement, special and limited in its character, was actually made in this instance, and under which the defendant claims exemption from liability. The plaintiff insists that he…
2Cases cited7 opinions
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Everett v. SaltusNew York Supreme Court · 1836
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Sweet v. . BarneyNew York Court of Appeals · 1861
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rawson v. . HollandNew York Court of Appeals · 1875
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
- Shelton v. . Merchants' Dispatch Trans. Co.New York Court of Appeals · 1874
- Smith v. Farbenfabriken of Elberfeld Co.Court of Appeals for the Sixth Circuit · 1913
- Benson v. Oregon Short Line RailroadUtah Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.