Cooper v. Berry
Supreme Court of Georgia
Assumpsit from Muscogee Superior Court. Tried before Judge Worrill, May Term, 1856. This was an action brought by Mark A. Cooper and Narcissa Boykin, executor and executrix of the last will and testament of Samuel Boykin, deceased, against the defendants, as the owners of the steamboat Franklin, for the recovery of the value of one hundred and thirty-four (134) bales of cotton, belonging to the estate of their testator, shipped on board said boat, consigned to Apalachicola,…
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Assumpsit from Muscogee Superior Court. Tried before Judge Worrill, May Term, 1856. This was an action brought by Mark A. Cooper and Narcissa Boykin, executor and executrix of the last will and testament of Samuel Boykin, deceased, against the defendants, as the owners of the steamboat Franklin, for the recovery of the value of one hundred and thirty-four (134) bales of cotton, belonging to the estate of their testator, shipped on board said boat, consigned to Apalachicola, Florida, and alleged to have been consumed by fire while on said boat, by the negligence of defendants. The defendants…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Iii speaking of the liability of a common carrier, Smith, in his “ Compendium of Mercantile Law,” uses this language : “ At common law he stands in the situation of an insurer of the property entrusted to him, and is answerable for every loss or damage happening to it while in his custody, no matter by what cause occasioned, unless it were by the act of *536God, such as a tempest, or the King’s enemies. In, other cases, even his entire faultlessness does not excuse him. Thus, he is liable tor damage done by accidental fire, or by robbery.” 168.
The…
2Cases cited1 opinion
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
3Cited by3 opinions
- Pitts v. AllenSupreme Court of Georgia · 1883
- Chicago, R. I. P. Ry. Co. v. Dodson & WilliamsSupreme Court of Oklahoma · 1910
- Earnest v. Express Co.U.S. Circuit Court for the Northern District of Georgia · 1873