Johnson v. New York Central Rail Road
New York Supreme Court
ÁCTIOH to recover the value of a quantity of tow, lost on its passage from Albany to Hew York "by some of the perils of navigation. The cause was tried before Judge Pratt, at the Herkimer circuit, without a jury, On the trial it ap^ peared that the bales and sacks of tow were put in the defiendan ts’ cars at Little Falls, consigned to E. Ludlow, jr., Hdw York, with directions to the defendants to forward from Albany by the People’s Line of steamboats.
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ÁCTIOH to recover the value of a quantity of tow, lost on its passage from Albany to Hew York "by some of the perils of navigation. The cause was tried before Judge Pratt, at the Herkimer circuit, without a jury, On the trial it ap^ peared that the bales and sacks of tow were put in the defiendan ts’ cars at Little Falls, consigned to E. Ludlow, jr., Hdw York, with directions to the defendants to forward from Albany by the People’s Line of steamboats. On the arrival of the train of cars at Albany, that line of steamboats refused to take the freight, upon the ground that they could not take it…
1Opinion of the Court
By the Court, W. F. Allen, J.
There is no dispute as to the relations which the parties occupied towards each other, in respect to the lost property. They agree that the property was delivered to the defendants at Little Falls, to he by them carried and conveyed to Albany and to be by them forwarded thence to Few York, with directions to forward it by a particular line of steamboats. It is conceded that the liability of the defendants as carriers ceased with the arrival of the goods at Albany, and that from that time they occupied a different relation, and Were charged with different duties…
2Cases cited4 opinions
- Roberts v. TurnerNew York Supreme Court · 1815
- Brown v. DenisonNew York Supreme Court · 1829
- Judson v. SturgesSupreme Court of Connecticut · 1813
- Parkhill v. ImlayNew York Supreme Court · 1836