Klein v. Hamburg American Packet Co.
New York Court of Common Pleas
Appeal by the defendants from -a judgment of the Marine Court. The complaint alleged that the defendants undertook and agreed, as common carriers, to convey the plaintiff and his baggage from the city of Hamburg to the city of New York ; that upon the arrival of the defendant’s vessel at Hoboken, the plaintiff, with the other passengers, was ordered by the defendants’ agents to go aboard the barge Ontario, provided by the defendants for the purpose of carrying passengers and…
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Appeal by the defendants from -a judgment of the Marine Court. The complaint alleged that the defendants undertook and agreed, as common carriers, to convey the plaintiff and his baggage from the city of Hamburg to the city of New York ; that upon the arrival of the defendant’s vessel at Hoboken, the plaintiff, with the other passengers, was ordered by the defendants’ agents to go aboard the barge Ontario, provided by the defendants for the purpose of carrying passengers and baggage to the city of New York; and “that the defendants, their agents, and servants, in carrying this plaintiff and…
1Opinion of the Court
By the Court.*
Daly, Chief Justice.
The complaint averred that the defendants contracted to carry the plaintiff and his baggage from the city of Hamburg to the city of New York, and if the plaintiff had proved the contract as laid, the judgment might be sustained upon the ground that the nonperformance of the condition would not be excused because the baggage after the arrival of the vessel, was, by a public regulation, taken into the possession of the Commissioners of Emigration, or their officers or agents, and was lost whilst in their custody. (Torpey v. Williams, ante, p. 175; Merwin v.…
2Cases cited5 opinions
- Dunlop v. MunroeSupreme Court of the United States · 1812
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Arent v. Squire & JohnsonNew York Court of Common Pleas · 1863
- Semler v. Commissioners of EmigrationNew York Court of Common Pleas · 1856
- Merwin v. ButlerSupreme Court of Connecticut · 1845