Grosvenor v. New York Central Railroad
New York Court of Appeals
Appeal from a judgment. The complaint in this action' alleged that in April, 1861, the plaintiff, Seth B. G-rosvenor, delivered to the defendant, at Clinton Springs, a cutter, to be carried by it to Buffalo, and paid the defendant therefor, which the defendant agreed to do, and that, by the negligence of the defendant, it became wholly lost to the plaintiff. The answer denied these allegations.
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Appeal from a judgment. The complaint in this action' alleged that in April, 1861, the plaintiff, Seth B. G-rosvenor, delivered to the defendant, at Clinton Springs, a cutter, to be carried by it to Buffalo, and paid the defendant therefor, which the defendant agreed to do, and that, by the negligence of the defendant, it became wholly lost to the plaintiff. The answer denied these allegations. The issue was tried in the superior court of Buffalo, before Justice Clinton and a jury, when the following facts were proved:— That the plaintiff called upon the defendant’s depot agent at Clifton,…
1Opinion of the CourtMiller, J.
—I am of the opinion that the court erred in refusing to nonsuit, the plaintiff upon the trial.
To render a party liable as a common carrier,' it must *348be established that the property was actually delivered to the common carrier, or to some person duly authorized to act on his behalf.
The responsibility of the carrier does not commence until the delivery is complete (Angell on Carr., § 129 ; Story on Bailm., § 532).
It is not enough that the property is delivered upon the premises, unless the delivery is accompanied by notice to the proper person (Packard v. Getman, 6 Cow., 757 ; Tower v. U. &…
2Cases cited2 opinions
- Blanchard v. IsaacsNew York Supreme Court · 1848
- Packard v. GetmanNew York Supreme Court · 1827
3Cited by5 opinions
- Lake Shore & Michigan Southern Railway Co. v. FosterIndiana Supreme Court · 1885
- Kansas City, M. & O. Ry. Co. v. CoxSupreme Court of Oklahoma · 1910
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. BarrettOhio Supreme Court · 1881
- Salinger v. SimmonsNew York Supreme Court · 1870
- Weeks v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1877