Bowman v. Teall
New York Supreme Court
This was an action on the case tried at the Albany Circuit in April, 1839, before the Hon. John P. Cushman, one of the circuit judges. It was brought against the defendants for negligence as common carriers, in the transportation of 1000 bushels of salt, which they had undertaken to carry from New-York to Albany.
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This was an action on the case tried at the Albany Circuit in April, 1839, before the Hon. John P. Cushman, one of the circuit judges. It was brought against the defendants for negligence as common carriers, in the transportation of 1000 bushels of salt, which they had undertaken to carry from New-York to Albany. The salt was received by the defendants at New-York. on the first or second day of December, 1836, on board of a lake boat, which left New-York on the third day of December, and was towed by a steamboat as far north as Red-Hook, when she was cast off by the steamboat in consequence…
1Opinion of the CourtCowen, J.
By the Court, The first four points made by the defendants’ counsel relate mainly to the finding of the jury on the question of negligence. , It must be taken that this question was properly submitted to them, • and, on the evidence, most certainly we should not interfere with the verdict, even if the present motion were founded on a case ; but, depending as it does on a bill of exceptions, the points in respect to weight of evidence have no application. The remark at the conclusion of the fourth point insisted on by the counsel for the defendants, that, if the plaintiff accepted the salt, on…
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