Parsons v. Hardy
New York Supreme Court
This was an action of assumpsit, tried at the Tompkins circuit in December, 1832. The suit was brought to recover the price of the transportation of a quantity of merchandize from Albany to Ithaca. On the 19th November, 1831, the plaintiff received at Albany, on board a canal boat of which he was owner and master, a quantity of goods belonging to the plaintiffs, which he agreed in writing to deliver in good order at Ithaca, the plaintiffs paying him for the freight.
Read the full summary
This was an action of assumpsit, tried at the Tompkins circuit in December, 1832. The suit was brought to recover the price of the transportation of a quantity of merchandize from Albany to Ithaca. On the 19th November, 1831, the plaintiff received at Albany, on board a canal boat of which he was owner and master, a quantity of goods belonging to the plaintiffs, which he agreed in writing to deliver in good order at Ithaca, the plaintiffs paying him for the freight. He proceeded with his load until he arrived at the lock on the canal near Montezuma, which he was prevented from passing in…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff as a common carrier was responsible at all events for the final safety and delivery of the defendants’ goods to them at Ithaca. Nothing could exonerate him from that responsibility but the act of God, or a "public enemy; but in respect to the time of delivery, he was responsible only for the exertion of due diligence. In this respect, common carriers stand upon the same ground with other bailees. They may excuse delay in the" delivery of goods by accident or misfortune, although not inevitable, or produced by the act of God. It is sufficient, if they…
2Cited by34 opinions
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
- Kinnick Bros. v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Philadelphia, Wilmington & Baltimore Railroad v. LehmanCourt of Appeals of Maryland · 1881
29 more not listed; retrieve them via the Exa API.