Ætna Insurance v. Wheeler
New York Supreme Court
This was an appeal by the plaintiff from a judgment for the defendant, entered upon the report of a referee. The action was brought to recover an amount paid by the plaintiff for insurance upon a quantity of flour, which had been destroyed by fire at Ogdensburgh, while awaiting transportation from that place to Boston.
Read the full summary
This was an appeal by the plaintiff from a judgment for the defendant, entered upon the report of a referee. The action was brought to recover an amount paid by the plaintiff for insurance upon a quantity of flour, which had been destroyed by fire at Ogdensburgh, while awaiting transportation from that place to Boston. It appeared that one Brigham and another had obtained an insurance on the flour, which they shipped from Milwaukie by the Horthem Transportation Company, taking the following bill of lading, viz.: “ Shipped, in good order and well conditioned, by A. G. Hale, as agent and…
1Opinion of the CourtPotter, J.
The defendants claim that their liability is limited by the exception in the bill of lading given by the Northern Transportation Company at Milwaukie, and that they are therefore not liable in this action for the loss of the flour; and it is an undoubted rule of law, that where a common carrier, undertaking to convey goods beyond its own line, limits its liability generally in the contract for transportation, other and connecting carriers, over whose lines the goods subsequently pass, shall have the advantage of that limitation.' (Bristol and Exeter Railway v. Collins, 7 H. L. C., 194 ;…
2Cases cited4 opinions
- Converse v. Norwich & New York Transportation Co.Supreme Court of Connecticut · 1865
- Jarvis v. BlennerhassetNew York Supreme Court · 1836
- Coyle v. Western RailroadNew York Supreme Court · 1866
- Manhattan Oil Co. v. Camden & Amboy Railroad & Transportation Co.New York Supreme Court · 1868