Weed & Weed v. Saratoga & Schenectady Railroad
New York Supreme Court
This was an action of assumpsit against the defendants as •1 , „ , , - . . ^ . common carriers, tried at the Schenectady circuit in Uctoher, 1835, before the Hon. James Vandbrpoel, one of the circuit judges. _ _ The declaration contained two counts : in the first it was alleged that the defendants undertook and promised the plaintiffs to take care of, and securely carry and convey by their coaches and rail-road cars from Saratoga Springs to Schenectady for the plaintiffs, a…
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This was an action of assumpsit against the defendants as •1 , „ , , - . . ^ . common carriers, tried at the Schenectady circuit in Uctoher, 1835, before the Hon. James Vandbrpoel, one of the circuit judges. _ _ The declaration contained two counts : in the first it was alleged that the defendants undertook and promised the plaintiffs to take care of, and securely carry and convey by their coaches and rail-road cars from Saratoga Springs to Schenectady for the plaintiffs, a trunk containing certain goods, ¿fe., and bank bills, in consideration of a certain reward, &c.; but that they so…
1Opinion of the Court
*537The following opinion was delivered :
By Mr. Justice Cowen.
The defendants having undertaken to carry from the Springs to Albany, cannot now be received to say they were in truth carriers no farther than Schenectady, the termination of their own road. As to the parlies for whom they may thus undertake, they are estopped to deny that they are carriers for a distance commensurate with what they engage for. In order to limit their liability to a part of the route, they should at least have given Barnes notice that after the car struck the track beyond Schenectady, he must look to another company,…
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