Moore v. Evans
New York Supreme Court
This action was brought against the defendant as a common carrier, to recover the value of certain goods delivered to him to he transported from Buffalo to Milwaukie. and which were alledged to have been lost. On the trial the plaintiff showed that the defendant kept an office at Albany, and was engaged in the business of transporting goods upon the Erie canal, and occasionally west of Buffalo, on the lakes.
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This action was brought against the defendant as a common carrier, to recover the value of certain goods delivered to him to he transported from Buffalo to Milwaukie. and which were alledged to have been lost. On the trial the plaintiff showed that the defendant kept an office at Albany, and was engaged in the business of transporting goods upon the Erie canal, and occasionally west of Buffalo, on the lakes. On the 23d September, 1848, the plaintiff, through his agent, applied to the defendant at his office in Albany, to know upon what terms he would transport the goods in question. He agreed…
1Opinion of the Court
By the Court, Wright, J.
I am of the opinion that the proof was sufficient to show the defendant to be a common carrier of goods from Buffalo to Milwaukie, He was interested in a line of canal boats, and had been engaged for several years in the transportation of goods on the lakes, as well as on the canal. A common carrier is one who undertakes for hire or reward to transport the goods of those who choose to employ him, from place to place. (Story on Bail. § 495.) It is not controverted that the defendant held himself out to the public as a carrier from Albany to Buffalo, and I think the…
2Cases cited3 opinions
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Fairchild v. SlocumNew York Supreme Court · 1838
- Teall v. SearsNew York Supreme Court · 1850
3Cited by14 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Canfield v. . Baltimore Ohio R.R. Co.New York Court of Appeals · 1883
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
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