Lamb v. Camden & Amboy Railroad & Transportation Co.
New York Court of Common Pleas
Appeal by the defendant from a judgment entered on the verdict of a jury. The action was brought to recover damages for the loss of 138 bales of cotton, part of a larger amount, which had been delivered to the defendants at Philadelphia, to be transported by them to New York. 790 bales of cotton were shipped by the plaintiffs, June 25th, 1864, at Cairo, Illinois, on the Illinois Central Eailroad, to be carried by them to Chicago.
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Appeal by the defendant from a judgment entered on the verdict of a jury. The action was brought to recover damages for the loss of 138 bales of cotton, part of a larger amount, which had been delivered to the defendants at Philadelphia, to be transported by them to New York. 790 bales of cotton were shipped by the plaintiffs, June 25th, 1864, at Cairo, Illinois, on the Illinois Central Eailroad, to be carried by them to Chicago. The Illinois Central Eailroad Co. issued its receipts or bills of lading for the cotton, and carried and delivered it to the Union Transportation and Insurance…
1Concurring in part, dissenting in partBrady, J.
The defendants are not, by the contract of carriage, to be responsible for a loss by fire, unless it can be shown that it resulted from their negligence or want of care. This condition of liability was enforced in terms on the trial. The defendants were held not to be responsible, unless it satisfactorily appeared that they were guilty of negligence by which the loss was occasioned. Whether the plaintiff is to make out a yyri/ma facie case in the first instance, is not stated by the contract itself, and the natural order of proof would be for the plaintiff to show the delivery to the carrier,…
2Cases cited20 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Green v. . ClarkeNew York Court of Appeals · 1855
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Hollister v. NowlenNew York Supreme Court · 1838
- Buckland v. Adams Express Co.Massachusetts Supreme Judicial Court · 1867
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