Spitzer v. Porto Rican Express Co.
Appellate Terms of the Supreme Court of New York
• Appeal by plaintiffs from a judgment of the Municipal Court of the City of New York, borough of Manhattan, ninth district, in favor of the defendant, entered upon the verdict of a jury.
1Opinion of the CourtMullan, J.
On February 9,1918, in New York city, plaintiffs delivered to defendant a case and a package, upon one bill of lading, for delivery, C. O. D., to a consignee in Porto Rico. Although the defendant did *454not own or control the steamer upon which it forwarded the goods, its status was that of a common carrier. Belger v. Dinsmore, 51 N. Y. 166; Read v. Spaulding, 30 id. 630; Carmack amendment, Act of Feb. 4,1887, chap. 104, § 20, as amd. June 29, 1906, chap. 359, § 7, and Aug. 9, 1916, chap. 301. Upon the arrival of the goods in Porto Rico, prior to February 26, 1918, the case was found to be…
2Cases cited5 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Barnet v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1918
- Hadba v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by1 opinion
- Justin v. Delta Motor LineLouisiana Court of Appeal · 1949