Berg v. Narragansett Steamship Co.
New York Court of Common Pleas
Appeal from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the verdict of a jury. The action was against the defendant as a common carrier, for loss of the plaintiff’s trunk.
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Appeal from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the verdict of a jury. The action was against the defendant as a common carrier, for loss of the plaintiff’s trunk. On the trial the defendant’s counsel offered to show that the company sent goods only upon bills of lading excluding passenger baggage; that the checks brought by expressmen (such as the one set out in the opinion) were countersigned, and that the person delivering the goods then went to the office and took a hill of lading by which the company was responsible only for…
1Opinion of the CourtLarremore, J.
The defendant is a common carrier between Hew York and Fall Biver. Plaintiff’s trunk was delivered to an agent of the defendant at Hew York, and the following receipt issued therefor:
“Hew York, July 17th, 1872.
“ Beceived from Schroder’s express, in good order, on board the boat for Boston, the following packages :
“ Marked Edw. 0. Berg,
“ Care Chas. S. Pitman,
“Boston, Mass.
“ One (1) trunk. “ J. B. J.”
The trunk was carried from Hew York to Fall Biver, and there delivered to the Old Colony Bailroad Co., but failed to reach its destination as per receipt directed and expressed. The question raised…
2Cases cited5 opinions
- Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871
- Foy v. Troy & Boston Rail RoadNew York Supreme Court · 1856
- Dillon v. New York & Erie RailroadNew York Court of Common Pleas · 1856
- Wright v. BoughtonNew York Supreme Court · 1856
- Krender v. WoolcottNew York Court of Common Pleas · 1856
3Cited by2 opinions
- Berg v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
- Marmonstein v. Pennsylvania RailroadNew York Court of Common Pleas · 1895