Legal Opinion · Concurrence

Magnin v. Dinsmore

The Superior Court of New York City

Decided March 20, 1876Published

The action was brought by the plaintiffs who compose the firm, VVe J. Magnin, Gruedin & Go., against the Adams Express Company, to recover the value of a package entrusted to its care, for transportation to Memphis, Tennessee, and alleged not to have been delivered there to the consignees thereof.

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The action was brought by the plaintiffs who compose the firm, VVe J. Magnin, Gruedin & Go., against the Adams Express Company, to recover the value of a package entrusted to its care, for transportation to Memphis, Tennessee, and alleged not to have been delivered there to the consignees thereof. The jury, under the charge of the court, found a verdict for the plaintiffs for the full value of the package, with interest, amounting to two thousand eighj: hundred and thirteen dollars and ninety-six cents, and judgment was entered thereon. The defendants appeal from the judgment and the order…

1ConcurrenceSanford, J.

I concur in the result arrived at by my learned associate, but solely upon the ground that the evidence in the case did not, in my opinion, warrant the submission to the jury of the question whether the defendant had been guilty of gross negligence or of misfeasance or of abandonment in the performance of his duties as a carrier in respect to the transportation of the merchandise, or of a conversion thereof. These several degrees of culpability are correctly defined by the learned judge in his charge to the jury, and I am of opinion that there is no evidence in the case that any or either of…

2Cases cited1 opinion

  1. Magnin v. DinsmoreThe Superior Court of New York City · 1873

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