McCarty v. New York & Erie Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Pike county. This was an action on the case, by McCarty & Van Elton against The New York and Erie Railroad Company, to recover the value of certain goods delivered to the defendants as common carriers.
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Error to the Common Pleas of Pike county. This was an action on the case, by McCarty & Van Elton against The New York and Erie Railroad Company, to recover the value of certain goods delivered to the defendants as common carriers. The first count of the narr. declared, that the defendants being common carriers, and having received from the plaintiffs certain goods to be carried from New York to Port Jervis, and there delivered, failed to do so, and that by their negligence, the goods were lost. The second count stated that, at the request of defendants, plaintiffs delivered the goods to the…
1Opinion of the Court
The opinion of the court -was delivered by
Woodward, J.
— The plaintiffs shipped goods from the city of New York to Port Jervis, by the railroad of the defendants. On the arrival of the goods, they were taken out of the cars, and so many of them as the plaintiffs’ teamster, who was in attendance, could load and carry away were immediately taken by him, and the residue were placed in the company’s depot or warehouse, at Port Jervis. Before they were removed the warehouse burned down, and the goods were consumed.. The plaintiffs charge the company in this action with the value of the goods…
2Cases cited2 opinions
- Clendaniel v. TuckermanNew York Supreme Court · 1853
- Eagle v. WhiteSupreme Court of Pennsylvania · 1841
3Cited by15 opinions
- Dilks v. Flohr ChevroletSupreme Court of Pennsylvania · 1963
- Springfield Township v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1949
- Moffat v. Metropolitan Casualty Insurance Co. of New YorkDistrict Court, E.D. Pennsylvania · 1964
- Union Carbide Corp. v. Travelers Indemnity Co.District Court, W.D. Pennsylvania · 1975
- Farmers Cooperative Soc. No. 1 v. Maryland Casualty Co.Court of Appeals of Texas · 1939
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