Krohn v. Oechs
New York Supreme Court
THIS action was brought by the plaintiff, a common carrier, for freight on a lot of wines, olive oil, &c. from Bordeaux to Hew York. The defendant set up a counter claim for loss by leakage of wine from some of the casks. It was proved that the wine was properly stowed and dunnaged. That the stowage was by the defendant’s men, and the port warden proved that when he examined the cargo in this port he found it well stowed and dunnaged.
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THIS action was brought by the plaintiff, a common carrier, for freight on a lot of wines, olive oil, &c. from Bordeaux to Hew York. The defendant set up a counter claim for loss by leakage of wine from some of the casks. It was proved that the wine was properly stowed and dunnaged. That the stowage was by the defendant’s men, and the port warden proved that when he examined the cargo in this port he found it well stowed and dunnaged. There is no evidence to show at what period of time the injury occurred. The judge charged the jury that if the damage was caused by the negligence of the…
1Opinion of the CourtIngraham, J.
There is a distinction between the cases, arising out of the inquiry at what place the loss occurred. In some of the cases the action was for not bringing the goods from the port of departure : and in such cases the rule of damages is the difference between the value of the goods at the place of shipment and the value at the place of destination. Such were the cases of Smith v. Richardson, (3 Caines, 219;) and Medbury v. The N. Y. and Erie Railroad Co. (26 Barb. 564.)
And where the goods are destroyed or lost in the foreign port, before the departure of the vessel, the rule of damages has been…
2Cases cited5 opinions
- Watkinson v. LaughtonNew York Supreme Court · 1811
- Van Winkle v. United States Mail Steamship Co.New York Supreme Court · 1862
- Medbury v. New York & Erie Railroad Co.New York Supreme Court · 1858
- Dusar v. MurgatroydU.S. Circuit Court for the District of Pennsylvania · 1803
- Smith v. RichardsonNew York Supreme Court · 1805
3Cited by1 opinion
- Woodward v. Illinois Cent. R. Co.U.S. Circuit Court for the Northern District of Illnois · 1864