Legal Opinion

Powell v. Myers

New York Supreme Court

Decided July 1, 1841PublishedCited by 36 opinions

ERROR from the Supreme Court. Myers brought an action in the common pleas of New-York against Powell and others as common carriers, for the loss of a trunk and its contents, taken on board a steamboat owned by the defendants, at West Point, by a son of the plaintiff, who, at the time, was a minor, and took passage in the boat for New-York. The boat usually left Newburgh at five o’clock P. M., and arrived at New-York between nine and ten the same evening.

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ERROR from the Supreme Court. Myers brought an action in the common pleas of New-York against Powell and others as common carriers, for the loss of a trunk and its contents, taken on board a steamboat owned by the defendants, at West Point, by a son of the plaintiff, who, at the time, was a minor, and took passage in the boat for New-York. The boat usually left Newburgh at five o’clock P. M., and arrived at New-York between nine and ten the same evening. Shortly before arriving at the dock, a young man named Pruyn, who accompanied the plaintiff’s son from West Point, in his presence enquired…

1Opinion of the Court

After advisement, the following opinions were delivered:

By the Chancellor.

The law appears to be well settled, at least in this state, that the owners of steamboats, railroads, canal boats, stage coaches, &c., whose ordinary business it is to carry passengers, together with their ordinary baggage, for hire or reward, are liable as common carriers for the safety of the baggage, although such carriers do not receive any compensation for the transportation of the baggage, other than that which is included in the ordinary fare which is charged for the conveyance of the passengers with their usual…

2Cited by36 opinions

  1. Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
  2. Merrill v. . GrinnellNew York Court of Appeals · 1864
  3. Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872
  4. Hale v. New-Jersey Steam Navigation Co.Supreme Court of Connecticut · 1843
  5. Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869

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