Ely v. New Haven Steamboat Co.
New York Supreme Court
THIS action was brought against the defendants, as common carriers, to recover for the loss of certain leather received by them for transportation from Hew Haven to Hew York. The plaintiffs were the agents of the tanneries of Homer Ely and Cotton Ely, of Ashleyville, in Massachusetts, the consignors of the property, and sued as their assignees.
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THIS action was brought against the defendants, as common carriers, to recover for the loss of certain leather received by them for transportation from Hew Haven to Hew York. The plaintiffs were the agents of the tanneries of Homer Ely and Cotton Ely, of Ashleyville, in Massachusetts, the consignors of the property, and sued as their assignees. The leather was delivered at Springfield, Massachusetts, to the Hartford and Hew Haven Railroad Company, and by that company delivered at Hew Haven, on on the 3d July to the defendant’s steamer, Continental, . which arrived at her pier in Hew York, at…
1Opinion of the Court
By the Court, Gilbert,. J.
It is apparent that the circumstances in which the harsh and rigid rules of the common law, governing the liability of common carriers, had their origin, have .greatly changed, and that some amelioration of these rules has become necessary since the introduction of steamboats, railroads and the electric telegraph. ' Courts, mindful of this necessity, have gradually modified these rules in accordance with their views of public policy and individual right. The precise nature- and extent of this modification, however, is still very uncertain, and an attempt to reconcile…
2Cases cited3 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gibson v. CulverNew York Supreme Court · 1837
- Goold v. . ChapinNew York Court of Appeals · 1859
3Cited by4 opinions
- Redmond v. Liverpool, New York & Philadelphia Steamboat Co.New York Court of Appeals · 1871
- McAndrew v. . Whitlock, Jr.New York Court of Appeals · 1873
- McAndrew v. WhitlockNew York Court of Appeals · 1873
- Redmond v. Liverpool, New York & Philadelphia Steamship Co.New York Supreme Court · 1870