Westcott & Northrup v. Fargo
New York Supreme Court
APPEAL, by the defendant, from a judgment entered upon the report of a referee. The action was brought to recover for the value of a package entrusted tó an express company, of which the defendant Fargo was president, for transportation, and which was claimed to have been lost through the carelessness and negligence of the company.
1Opinion of the Court
By the Court, Johnson, J.
As we understand the finding of the referee, the fact is expressly found, that the package in question was lost through the careless and negligent conduct of the express company’s agents or servants. He finds that the allegations of the complaint numbered one, two, three and four, are true. The complaint, as it appears in the case, does not contain those numbers, but it was stated upon the argument by the plaintiffs’ counsel, and understood to be conceded by the other side, that number four, in the complaint, as it stood at the time of the trial, contained the…
2Cases cited10 opinions
- Blossom v. . DoddNew York Court of Appeals · 1870
- BISSELL v. City of JeffersonvilleSupreme Court of the United States · 1861
- Grant v. . MorseNew York Court of Appeals · 1860
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
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3Cited by8 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Edgeworth v. WoodSupreme Court of New Jersey · 1896
- People Ex Rel. Platt v. . WempleNew York Court of Appeals · 1889
- Fargo v. PowersDistrict Court, E.D. Michigan · 1914
- Magnin v. DinsmoreNew York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.