Guillaume v. Hamburgh & American Packet Co.
New York Court of Appeals
This is an appeal by the defendants from a judgment of the General Term of the Supreme Court of the first district, affirming a judgment in favor of the plaintiffs, entered upon the report of a referee.
Read the full summary
This is an appeal by the defendants from a judgment of the General Term of the Supreme Court of the first district, affirming a judgment in favor of the plaintiffs, entered upon the report of a referee. On or about the 28th of August, 1861, the plaintiffs delivered to the defendants, who were common carriers, and shipped on hoard of their steam ship Harmonía, at Southampton, England, five cases of merchandise, to be delivered to the plaintiffs in the city of New York, upon the arrival of said ship in that port The plaintiffs received a bill of lading of the defendants, which, after stating…
1Opinion of the CourtIngalls, J.
It is now the settled law of this State, that it is competent for a common carrier and the owner of goods, by agreement, to establish conditions of liability different from those which the law imposes upon the carrier in the absence of any special agreement. (Dorr v. The N. J. S. Nav. Co., 11 N. Y., 485; Bissell v. N. Y. C. R. R. Co., 25 N. Y. 442.) The question upon this appeal is, whether the exception contained in the bill of lading is comprehensive enough to embrace and excuse the act of the servant of the defendants, which occasioned the loss in question. Although the contract in…
2Cases cited2 opinions
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
3Cited by8 opinions
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
- Westcott & Northrup v. FargoNew York Supreme Court · 1872
- Kreter v. HealthSTAR Communications, Inc.Court of Special Appeals of Maryland · 2007
- Security Trust Co. v. Wells, Fargo & Co. ExpressAppellate Division of the Supreme Court of the State of New York · 1903
- Bankers Trust Co. v. Island Discount Corp.City of New York Municipal Court · 1956
3 more not listed; retrieve them via the Exa API.