Converse v. Norwich & New York Transportation Co.
Supreme Court of Connecticut
This was an action of special assumpsit, charging the defendants in one count with a failure to deliver at Stafford a’ quantity of wool which had been entrusted to and received by them as common carriers between the city of New York and Stafford ; and in a second count alleging that they were common carriers between New York and New London, and as such received the goods in question for delivery to the New London Northern Railroad Company at New London, but that they had…
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This was an action of special assumpsit, charging the defendants in one count with a failure to deliver at Stafford a’ quantity of wool which had been entrusted to and received by them as common carriers between the city of New York and Stafford ; and in a second count alleging that they were common carriers between New York and New London, and as such received the goods in question for delivery to the New London Northern Railroad Company at New London, but that they had failed so to deliver them. The case was tried to the jury in the superior court upon the general issue, before Parity /. On…
1Opinion of the CourtButler, J.
The evidence in this case is very clear, and free from contradiction. Upon a careful and deliberate consideration of it, we are satisfied that it did not justify the jury in finding a contract to carry the wool to Stafford, alone, or in company with the northern road; and that it does show an actual delivery to that road, as an independent and next carrier in a line, and a performance of all that the defendants impliedly undertook to do; and therefore that the verdict can not be sustained.
1. In the first place there is no such evidence of a contract to carry the wool to Stafford as will…
2Cases cited1 opinion
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
3Cited by25 opinions
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Galveston Wharf Co. v. Galveston, Harrisburg & San Antonio Railway Co.Supreme Court of the United States · 1932
- Denver Fire Insurance v. McClellandSupreme Court of Colorado · 1885
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Aetna Insurance Co. v. . WheelerNew York Court of Appeals · 1872
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