Merchants' Dispatch & Trans. Co. v. Cornforth
Supreme Court of Colorado
Error to Probate Court of Arapahoe County. Actioh in assumpsit against a common carrier to recover damages for not safely and securely delivering certain goods. The cause was tried to the court, and the plaintiff had judgment for $750. The facts are sufficiently stated in the opinion, the principal point presented in the argument being upon the right of a common carrier to limit his liability by contract or notice.
1Opinion of the CourtThatcher, C. J.
The Merchants’ Dispatch and Transportation Company is a conimon carrier. Birks Cornforth, the defendant in error, who was the plaintiff in the court below, through their agents, Raymond Bros., bought a car load of fruits, consisting of oranges, lemons, and bananas, of Underhill & Stewart, in New York.'city. The fruit was delivered to and shipped by the plaintiff in error, from New York to Denver, in the month of February, A. D. 1874. The evidence shows that Raymond Bros, entered into an oral contract with the company to ship the fruits in a refrigerator car through to Denver without change ;…
2Cases cited6 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
- Sager v. Portsmouth, S. & P. & E. Rail RoadSupreme Judicial Court of Maine · 1850
- Kallman v. United States Express Co.Supreme Court of Kansas · 1865
- Pratt v. Ogdensburg & Lake Champlain RailroadMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Merchants' Dispatch Transportation Co. v. Bloch Bros.Tennessee Supreme Court · 1888
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- Union Pacific Railway Co. v. RaineySupreme Court of Colorado · 1893
- Carr v. SchaferSupreme Court of Colorado · 1890
7 more not listed; retrieve them via the Exa API.