Cochran v. . Dinsmore
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, in favor of plaintiff, entered upon a verdict. The action was brought to recover for the non-delivery of $5,000 delivered to the Adams Express Company for transportation from Boston to Few Orleans.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, in favor of plaintiff, entered upon a verdict. The action was brought to recover for the non-delivery of $5,000 delivered to the Adams Express Company for transportation from Boston to Few Orleans. The company gave a receipt containing the following clause: “ It is further agreed, and is part of the consideration of this contract, that the Adams Express Company are not to be responsible for any loss or damage arising from the dangers of railroad, steam or river navigation, leakage, fire, or from any…
1Opinion of the Court
Chuboh, Ch. J.
It is manifest that a verdict was directed for the plaintiff, upon the ground that the defendant’s company was liable for the loss of the money as a common carrier, unless it proved that neither the company, its agents or servants, were chargeable with negligence. The learned judge expressly ruled that the burden of proof rested with the defendant to establish that the loss was not occasioned by fraud or negligence, and that, inasmuch as the evidence failed to come up to that standard, the plaintiff must recover, and added: “ In the absence of proof from which the jury would be…
2Cases cited2 opinions
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
3Cited by13 opinions
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Reid v. Evansville & Terre Haute RailroadIndiana Court of Appeals · 1893
- Chicago, St. Louis & New Orleans Railroad v. MossMississippi Supreme Court · 1883
- Insurance Co. of North America v. Lake Erie & Western RailroadIndiana Supreme Court · 1899
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