Gillingham v. Dempsey
Supreme Court of Pennsylvania
This action, which was tried before his Honour Judge Gibson at Nisi Prius, was brought by Gillingham and Randolph against Thomas Dempsey, on a bill of lading by which he engaged to carry certain crates of earthen ware belonging to the plaintiffs, from the port of Liverpool to the port of Philadelphia. In consequence of not stowing them properly, some of the lower crates were crushed by the weight of those above.
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This action, which was tried before his Honour Judge Gibson at Nisi Prius, was brought by Gillingham and Randolph against Thomas Dempsey, on a bill of lading by which he engaged to carry certain crates of earthen ware belonging to the plaintiffs, from the port of Liverpool to the port of Philadelphia. In consequence of not stowing them properly, some of the lower crates were crushed by the weight of those above. The jury found a verdict for the plaintiffs, subject to the opinion of the court, on a point reserved, viz. Whether the plaintiffs’ loss was to be estimated at the first cost of the…
1Opinion of the Court
The opinion of the court was delivered by
TiughmaN, C. J,
This is an action against the defendant, on a bill of lading, by winch he engaged to carry certain crates of earthen ware, the property of the plaintiffs, from the port of Liverpool in England, to the port of Philadelphia. A loss was sustained on the passage, by the breaking of a considerable quantity of this ware, for which it is conceded the defendant is liable. The point in dispute is, the measure of damages; that is to say, whether the plaintiffs’ loss is to be estimated according to the value of the goods, at the port of shipment,…
2Cases cited5 opinions
- Elliott v. RossellNew York Supreme Court · 1813
- Watkinson v. LaughtonNew York Supreme Court · 1811
- Bracket v. M'NairNew York Supreme Court · 1817
- Bridge v. AustinMassachusetts Supreme Judicial Court · 1808
- Amory v. M'GregorNew York Supreme Court · 1818
3Cited by1 opinion
- Lakeman v. GrinnellThe Superior Court of New York City · 1859