Ghormley v. Dinsmore
The Superior Court of New York City
Apeal from a judgment entered upon the verdict of a jury- This action was brought the to recover sum of $275, damages for non-delivery of a package delivered by the plaintiff to the Adams Express Co., as a common carrier.
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Apeal from a judgment entered upon the verdict of a jury- This action was brought the to recover sum of $275, damages for non-delivery of a package delivered by the plaintiff to the Adams Express Co., as a common carrier. The answer denies, on information and belief, the delivery of the package to the Express Co. for carriage for a reasonable consideration, and its negligence in fading to deliver the same, as alleged in the complaint; but alleges that on the 12th day of November, 1883, “ a certain package was delivered to the Adams Express Oo. addressed, and to. be shipped and forwarded to…
1Opinion of the Court
By the Court.
Van Vorst, J.
Receipts, like the one before us, given by a carrier, on the delivery to him of goods for carriage, and by which the liability of the carrier was limited to a specific sum, in case of the failure by him to deliver the goods to the consignee, have been frequently under consideration in the courts of this state. In several of these cases, the question has been more or *203less discussed, as to whether the limitation of liability, in the instruments under consideration, embraced the case of a failure to deliver, or a loss occasioned, by the negligence of the carrier.
Under…
2Cases cited9 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Westcott v. . FargoNew York Court of Appeals · 1875
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Belger v. . DinsmoreNew York Court of Appeals · 1872
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