Lamb v. Camden & Amboy Railroad & Transportation Co.
New York Court of Appeals
Appeal from judgment of the General Term of the New York Common Pleas, affirming a judgment entered upon a verdict in favor of plaintiff, and also, affirming order denying motion for new trial. (Reported below, 2 Daley, 454.) The action is brought against defendant as a common carrier, tó recover damages for the non-delivery of a quantity of cotton. The defendants are common carriers by railroad and steamboat between Philadelphia and New York.
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Appeal from judgment of the General Term of the New York Common Pleas, affirming a judgment entered upon a verdict in favor of plaintiff, and also, affirming order denying motion for new trial. (Reported below, 2 Daley, 454.) The action is brought against defendant as a common carrier, tó recover damages for the non-delivery of a quantity of cotton. The defendants are common carriers by railroad and steamboat between Philadelphia and New York. Seven hundred and ninety bales of cotton were shipped by the plaintiffs, June 25, 1864, at Cairo, Illinois, on the Illinois Central railroad. The…
1Opinion of the CourtGboveb, J.
Concurring in the following conclusions arrived at in the opinion of Peokham, J., I shall not add anything to his discussion of them. These conclusions are: First. That the defendant was relieved from liability as carrier for the loss of the cotton by fire, under the contract made by the shippers for its transportation, with the Illinois Central Railroad Company at Cairo. Second. That it is to be assumed, from the evidence, that Warrack, named in the bill of lading as consignee at Chicago, was the agent of the Illinois Central Company, and not the agent of the plaintiffs; that as such agent…
2Cases cited4 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Schmidt v. BloodNew York Supreme Court · 1832
- Newton v. PopeNew York Supreme Court · 1823
3Cited by82 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Stewart v. . StoneNew York Court of Appeals · 1891
- Stone v. CaseSupreme Court of Oklahoma · 1912
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