Read v. . Spaulding
New York Court of Appeals
Appeal from a judgment of the Superior Court of the city of New York. The action was brought against the defendant as proprietor of, or person doing business, under the name and style of “ Spaulding’s Express Freight Line,” to recover for the injury.and damages done to five cases of goods which he agreed to transport or forward from the city of New York to Louisville, in the state of Kentucky.
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Appeal from a judgment of the Superior Court of the city of New York. The action was brought against the defendant as proprietor of, or person doing business, under the name and style of “ Spaulding’s Express Freight Line,” to recover for the injury.and damages done to five cases of goods which he agreed to transport or forward from the city of New York to Louisville, in the state of Kentucky. They formed part of eighty-four cases of straw goods which were delivered to the defendant in the city of New York on the 27th day of January, 1857. The answer alleged that the defendant was a forwarder…
1Opinion of the CourtDavies, J.
It is conceded that there was unreasonable delay on the part of the defendant in the carriage of the goods from the city of New York to the city of Albany. The eighty-four cases were delivered together bn the 27th of January, and it was the duty of the defendant to transport or forward the same without unnecessary delay. If they had all been forwarded together, the whole would have reached Louisville about the time that those five cases reached the city of Albany. Then it is also conceded that the goods were injured by an act of God, which ordinarily would excuse the carrier. The law, upon…
2Cases cited4 opinions
- Williams v. GrantSupreme Court of Connecticut · 1816
- Crosby v. FitchSupreme Court of Connecticut · 1838
- Hand v. BaynesSupreme Court of Pennsylvania · 1839
- Hart v. Allen & GrantSupreme Court of Pennsylvania · 1833
3Cited by40 opinions
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
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