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