Colt v. M'Mechen
New York Supreme Court
THIS was an action on the case, against the defendant a3 a common carrier of goods for hire, in a certain ° 7 sloop, called the Margaret, between Kinderhook and New-York, on the Hudson river.
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THIS was an action on the case, against the defendant a3 a common carrier of goods for hire, in a certain ° 7 sloop, called the Margaret, between Kinderhook and New-York, on the Hudson river. The declaration stated that the plaintiffs were possessed of certain goods, &c. which the defendant, by his servant, Matthew M-Kean,- master the said sloop, received on board to carry, transport, ancl convey, from New-York to Kinderhook landing, for a reasonable price or compensation, &c. but that the goods - . n ni M were never delivered, etc. Plea, not guilty. The cause was tried at the Columbia…
1Opinion of the CourtSpencer, J.
The plaintiifs have moved for a new trial on two grounds ; 1st. For a misdirection to the jury, in stating that the failure of the wind was the act of God; and, 2d. For that the verdict was against evidence, on the point submitted to the jury, in relation to the negligence or carelessness of the master of the sloop, after she struck.
There can be no contrariety of opinion, on the law ■which renders common carriers liable. However rigid the rule may be, they are responsible for every injury done to goods entrusted to them to carry, unless it proceeds from the act of God, or the enemies of the…
2Cited by8 opinions
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- Angle v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Malpica v. McKownSupreme Court of Louisiana · 1830
- Titus v. MorseSupreme Judicial Court of Maine · 1885
- Moses v. NorrisSuperior Court of New Hampshire · 1828
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