Fisk v. Newton
Court for the Trial of Impeachments and Correction of Errors
Error to the superior court of the city of New-York, upon a judgment of that court, reversing a judgment of the marine court of that city, upon certiorari Fisk sued Newton, who was the owner of a line of freight barges on the Hudson, known as the New-York and Albany line, in the marine court, as a common carrier, for not delivering four kegs of butter received on one of his barges at Albany, to be taken to the city of New-York.
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Error to the superior court of the city of New-York, upon a judgment of that court, reversing a judgment of the marine court of that city, upon certiorari Fisk sued Newton, who was the owner of a line of freight barges on the Hudson, known as the New-York and Albany line, in the marine court, as a common carrier, for not delivering four kegs of butter received on one of his barges at Albany, to be taken to the city of New-York. The casks were marked with the name of the plaintiff, and the additional words, “ care of H. S. Field, New-York,” and arrived at that city November 21, 1842. The…
1Opinion of the Court
By the Court, Jewett, J.
It is well settled that, prima facie, a common carrier is bound not only safely to convey, but safely to deliver a parcel which he has undertaken to carry, at the place to which it is directed, to the consignee personally. (Gibson v. Culver, 17 Wend. 305, and the cases there cited.) Personal delivery, however, is sometimes dispensed with, in the case of carriers by ships and boats. Notice given to the consignee of the arrival and place of deposit, comes in lieu of personal delivery. (2 Kent’s Comm. 605, 3d ed.) So when goods are safely conveyed- to the place of…
2Cases cited1 opinion
- Gibson v. CulverNew York Supreme Court · 1837
3Cited by66 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- The ThamesSupreme Court of the United States · 1872
- The HarrimanSupreme Court of the United States · 1870
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
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