Bristol v. Rensselaer & Saratoga Railroad
New York Supreme Court
Motion to set aside report of referee. This was an action against the defendants, as common carriers, for the non-delivery of goods.
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Motion to set aside report of referee. This was an action against the defendants, as common carriers, for the non-delivery of goods. The plaintiff alledged, in his complaint, that on the 9th day of January, 1849, at Ballston Spa, in the county of Saratoga, the defendants promised and agreed to carry and deliver a quantity of dry goods, of the value of one hundred and three dollars and twenty-nine cents, the property of the plaintiff, from Ballston Spa to the city of Troy, in the county of Rensselaer; that the goods were received and entered in the freight book of the defendants at Ballston…
1Opinion of the Court
By the Court, Cady, J.
By the code the plaintiff must, in his complaint, state the facts constituting his cause of action. He is not at liberty to make out his cause of action by proving facts not alledged in his complaint. In this case the plaintiff has not alledged that the defendants were common carriers, and they are not in this action to be held responsible in that character. He has not alledged that the defendants did receive, or were to receive, any compensation for carrying and delivering the goods at Troy. The defendants’ agreement, therefore, is to be regarded as made without…
2Cited by3 opinions
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- Williamson v. WagerAppellate Division of the Supreme Court of the State of New York · 1904
- Perkins v. BarnesNevada Supreme Court · 1867