Wheeler v. Oceanic Steam Navigation Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of defendant entered upon an order granting a motion on the trial at Circuit to dismiss the complaint. This action was brought to recover damages arising from the alleged negligent failure of defendant to deliver to plaintiff a box containing, pictures shipped by her on one of defendant’s vessels.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of defendant entered upon an order granting a motion on the trial at Circuit to dismiss the complaint. This action was brought to recover damages arising from the alleged negligent failure of defendant to deliver to plaintiff a box containing, pictures shipped by her on one of defendant’s vessels. The facts, so far as material, are stated in the opinion. Plaintiff proved that the goods were taken into the defendant’s…
1Opinion of the CourtFinch, J.
Section 4281 of the Revised Statutes of the United States provides, in substance, that if apy shipper of certain articles which are specifically named, and among which are “ pictures,” shall lade the same as freight or baggage on any vessel without at the time giving notice to its owner, master, or agent of the true character and value'of the property shipped, and having the same entered upon the bill of lading, “ the master and owner of such ship or vessel shall not be liable as carriers thereof in any form or manner.” The protection of this statute has been successfully invoked' by the…
2Cases cited4 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Canfield v. . Baltimore Ohio R.R. Co.New York Court of Appeals · 1883
3Cited by25 opinions
- The MinnetonkaCourt of Appeals for the Second Circuit · 1906
- La BourgogneCourt of Appeals for the Second Circuit · 1906
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
- Kuhnhold v. Compagnie Générale TransatlantiqueDistrict Court, S.D. New York · 1918
- Scire v. American Export Lines, Inc.New York Supreme Court · 1949
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