Legal Opinion

McDonald v. . Western Railroad Corporation

New York Court of Appeals

Decided January 5, 1866PublishedCited by 22 opinions

Appeal from the- Supreme Court. Action to recover of the defendants the value of a quantity of marble, alleged to have been lost while in their charge as common carriers.

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Appeal from the- Supreme Court. Action to recover of the defendants the value of a quantity of marble, alleged to have been lost while in their charge as common carriers. The trial was before Mr. Justice Miller, without a jury, who found, in substance, these facts : On the 20th June, 1861, one Henry E. Comes (the assignee of the plaintiff’s intestate), being the owner of two boxes of marble (a monument), shipped the same at a station on the Harlem Railroad, directed to “Elijah W. Brigham, Binghamton, Hew York, Harlem Railroad to Albany, Erie and Chenango canal to Binghamton.” The boxes of…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The single question is, whether the goods, when destroyed, were in the custody of the defendants as carriers or warehousemen? If as carriers, they are liable for the loss; if as warehousemen, they are not bound to answer for it, as the destruction of the goods was without fault on their part.

The leading facts upon which the question arises are these: On the 20th of June, 1861, one Comes, being the owner of two boxes of stone or marble monument, shipped the same…

2Cited by22 opinions

  1. McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
  2. Texas & Pacific Railway Co. v. ReissSupreme Court of the United States · 1902
  3. Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
  4. Bloyd v. PollockWest Virginia Supreme Court · 1885
  5. Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870

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