Cincinnati, N. O. & T. P. Ry. Co. v. Fairbanks
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio. This is an action by N. K. Fairbanks & Co. against the Cincinnati,. New Orleans & Texas Pacific Bailway Company to recover for goods lost in shipment. There was a judgment for the plaintiff, and defendant. brings error. ,
1Opinion of the Court
LUBTON, Circuit Judge.
This is an action against a railway company to recover the value of a shipment of cotton-seed oil lost while-in course of transportation over the railway of the plaintiff in error.. *468There was a direction to find for the defendant in error. It is now said that this instruction was erroneous, and that plaintiff in error was not liable as an insurer against all accident and loss due to human agency, but only for negligence, and that there was no evidence of negligence. It may be conceded that,' if the plaintiff in error is not liable as a common carrier, but only for…
2Cases cited11 opinions
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- Insurance Co. v. Railroad Co.Supreme Court of the United States · 1881
- Central Railroad v. HasselkusSupreme Court of Georgia · 1893
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3Cited by4 opinions
- Vital v. KerrCourt of Appeals for the Second Circuit · 1924
- Williston Coal & Ice Co. v. DavisNorth Dakota Supreme Court · 1922
- Schwartz v. Panama Railroad Co.California Supreme Court · 1909
- Mitsui v. St. Paul Fire & Marine Ins.Court of Appeals for the Ninth Circuit · 1913