Witbeck v. Schuyler
New York Supreme Court
THIS is an appeal from a judgment-entered upon the report of a referee, in favor of the plaintiff, for $217.84. The action was brought by the plaintiff against the defendants as common carriers, to recover the value of a quantity of clothing taken from a trunk of the plaintiff while upon the defendants' boat, on a passage from Albany to Hew York.
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THIS is an appeal from a judgment-entered upon the report of a referee, in favor of the plaintiff, for $217.84. The action was brought by the plaintiff against the defendants as common carriers, to recover the value of a quantity of clothing taken from a trunk of the plaintiff while upon the defendants' boat, on a passage from Albany to Hew York. The referee finds, in substance, that the boat Avas run by the defendants for the transportation of freight &c. from Albany to Hew York; that the trunk, with its contents, was placed upon said boat for transportation to Hew York, and delivered to the…
1Opinion of the Court
By the Court, Ingalls, J.
The liability of the defendants is resisted on the sole ground that the trunk was not delivered to the agent of the defendants authorized to receive the .same; that the delivery to the captain was not a delivery to .the defendants, and therefore that they were not liable. The referee finds that the only duty of the captain was to navi-gate. .the. ..boat,... and. that. other, agents were .appointed .to *471receive and deliver freight and receive the pay therefor. It does not appear that either the plaintiff or his father knew of that -arrangement; nor that they had any…
2Cases cited3 opinions
- Bridenbecker v. LowellNew York Supreme Court · 1860
- Dunning v. RobertsNew York Supreme Court · 1862
- Blanchard v. IsaacsNew York Supreme Court · 1848
3Cited by3 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- White v. MeyerNew York Court of Common Pleas · 1878
- Holloway v. StephensNew York Supreme Court · 1874