Ackley v. Kellogg
New York Supreme Court
CASE against the defendants as common carriers, tried at the Rensselaer circuit, November 19th, 1826, before Dues, Q_ Judge, ° At the trial, it appeared that about the 1st of June, 1824, pi^yffg pUt certain goods on board of the defendants’ sloop at the city of New-York, to be transported to Troy. _ /. The plaintiffs resided m Granville, Washington county, Either the goods were to pass from Troy, by way of the Champlain canal, in a boat; and they gave liberty to the…
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CASE against the defendants as common carriers, tried at the Rensselaer circuit, November 19th, 1826, before Dues, Q_ Judge, ° At the trial, it appeared that about the 1st of June, 1824, pi^yffg pUt certain goods on board of the defendants’ sloop at the city of New-York, to be transported to Troy. _ /. The plaintiffs resided m Granville, Washington county, Either the goods were to pass from Troy, by way of the Champlain canal, in a boat; and they gave liberty to the defendants,- on arriving at Troy, to send on the goods by a canai boat. The auestion of fact upon the trial was, whether this…
1Opinion of the Court
* Curia, per Sutherland, J.
The jury were properly instructed by the judge that the cause turned upon the question whether the defendants, by their contract with the plaintiffs, were to forward the goods by the first canal boat that should sail after their arrival at Troy, or whether they were specially directed to send them only in Eddy’s line of boats. If the latter were the instructions given them, then the plaintiffs were entitled to recover. But if the directions to forward them were general, then the action must fail, as the evidence shows that the boat in which they were sent was safe…
2Cited by15 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Goold v. . ChapinNew York Court of Appeals · 1859
- Alsop v. Commercial Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1833
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