Kirkland v. . Dinsmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 2 Hun, 45; 4 T. & 0., 304.) This action was brought against defendant as president of the Adams Express Company, a joint stock company, to recover for the loss of a package of money alleged to have been intrusted to said company, as a common carrier, to carry from Wilmington, 1ST. C., to Hudson, H. Y. At the time of the receipt of the package, the company delivered to plaintiff…
1Opinion of the CourtAndrews, J.
It is the settled doctrine in this State that the common-law liability of a common carrier is not limited by a general notice that he will not accept or carry goods except under a restricted responsibility, although the notice is known to the shipper of goods when he delivers them for shipment. The law imposes upon him the duty to carry goods if required, and affixes a responsibility for thb safety of the goods which he cannot refuse to accept. It is the right of the shipper to have the goods carried under this general rule of responsibility, and it is held that an intention to waive this…
2Cases cited5 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Blossom v. . DoddNew York Court of Appeals · 1870
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Warhus v. . Bowery Savings BankNew York Court of Appeals · 1860
3Cited by41 opinions
- Howard v. Handler Bros. & Winell, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Merrill v. Pacific Transfer Co.California Supreme Court · 1901
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
- Dickerson v. MathesonCourt of Appeals for the Second Circuit · 1893
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