Magnin v. Dinsmore
The Superior Court of New York City
Appeal from a judgment and order. The action was to recover the value of a package of jewelry, delivered "by the plaintiffs to the Adams Express Company, to "be transported to Memphis, Tennessee, and consigned to Merriman & Co. The Express Company gave the following receipt:— “ Adams Express Company, Great Eastern, Western, and Southern Express forwarders.
Read the full summary
Appeal from a judgment and order. The action was to recover the value of a package of jewelry, delivered "by the plaintiffs to the Adams Express Company, to "be transported to Memphis, Tennessee, and consigned to Merriman & Co. The Express Company gave the following receipt:— “ Adams Express Company, Great Eastern, Western, and Southern Express forwarders. “ Mew Yobk, March, 23 d, 1863. “ Received of one package, marked J. E. Merriman & Co., Memphis, Tenn., which it is mutually agreed is to "be forwarded to our agency nearest or most convenient to destination only, and there delivered to…
1Opinion of the Court
By the Court.—Monell, J.
I have no doubt that the charge of the learned judge was correct, if the evidence of negligence on the part of the carriers was *185sufficient to go to the jury; and the sufficiency of such evidence is to be ascertained by determining where the burthen of proof lies.
There is nothing in the defendants’ contract which relieves them from liability for loss caused by their, or their servants’, negligence. If one of the exemptions in their agreement, in terms, secured to the defendants exoneration for any neglect, or want of due and proper care ; and if there was neglect, or…
2Cases cited1 opinion
- Simmons v. LawNew York Court of Appeals · 1866
3Cited by2 opinions
- Magnin v. DinsmoreThe Superior Court of New York City · 1874
- Magnin v. DinsmoreThe Superior Court of New York City · 1876