Holladay v. Kennard
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York. This was an action of trespass on the .ease against on© Holladay ás a common carrier, for the loss of a package ot money delivered to his agent at Atchison, in Kansas, on the 2d of January, 1865, to be carried to Central City, in Colorado Territory.
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Error to the Circuit Court for the Southern District of New York. This was an action of trespass on the .ease against on© Holladay ás a common carrier, for the loss of a package ot money delivered to his agent at Atchison, in Kansas, on the 2d of January, 1865, to be carried to Central City, in Colorado Territory. The defendant was the proprietor of the overland stage line, which was then engaged in the transportation of passengers and goods from Atchison to Placerville, in California, as a part of the great through mail line across the continent. The package iu question was delivered to the…
1Opinion of the CourtJustice Bradley
The effect of the charge, as delivered, was, that although a common carrier is not responsible for the destruction or loss of goods by the act of a public enemy, he is nevertheless bound to use due diligence to prevent such destruction or loss. If his negligence or want of proper attention contrib uted thereto be wou-ld be liable therefor. It was uot necessary, in this'case, that there should have been fraud or collusion with the Indians, or wilful negligence on the part of th® defendant, or hisuigeuts, to render him liable. Supposing the express agent to have been a suitable person for the…
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