McGregor & Co. v. Kilgore
Ohio Supreme Court
This cause was adjourned in Hamilton county. It came before the court upon a special verdict. The action was case upon a bill of lading, dated July 5, 1832, for certain parcels of merchandise consigned to the plaintiffs, shipped on board the steamboat Chesapeake, to be delivered at Cincinnati *in good order (the [359 danger of the river alone excepted); “ but in case of the water not admitting the boat to proceed to Louisville, the owners of the goods to pay the expense of…
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This cause was adjourned in Hamilton county. It came before the court upon a special verdict. The action was case upon a bill of lading, dated July 5, 1832, for certain parcels of merchandise consigned to the plaintiffs, shipped on board the steamboat Chesapeake, to be delivered at Cincinnati *in good order (the [359 danger of the river alone excepted); “ but in case of the water not admitting the boat to proceed to Louisville, the owners of the goods to pay the expense of reshipping to that place from the point where they are reshipped, and the captain agrees they shall be forwarded without…
1Opinion of the Court
Judge Wright
delivered the opinion of the court:
It, was not contended on the trial before the jury, nor is it now insisted, but the water in the Ohio river was so low when the Chesapeake arrived at its mouth, as not to admit of her proeeed*366ing to Louisville. There was no dispute then, nor is there any now, that the letter in evidence was written by the plaintiffs to the defendant, and received by him at Trinity after the goods were landed there. I therefore take these two facts as a part of this case, though not included in the finding of the jury.
The bill of lading was a contract to carry from…
2Cases cited1 opinion
- Amory v. M'GregorNew York Supreme Court · 1818
3Cited by2 opinions
- Owen v. PaulSupreme Court of Alabama · 1849
- Louis v. Steamboat BuckeyeOhio Superior Court, Cincinnati · 1854