Tracy v. Wood
U.S. Circuit Court for the District of Rhode Island
Assumpsit [by Frederick A. Tracy and others against Joshua B. Wood] for negligence in losing 764% doubloons, entrusted to the defendant to be carried from New York to Boston, as a gratuitous bailee.
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Assumpsit [by Frederick A. Tracy and others against Joshua B. Wood] for negligence in losing 764% doubloons, entrusted to the defendant to be carried from New York to Boston, as a gratuitous bailee. The gold was put up in two distinct bags, one within the other, and at the trial, upon the general issue, it appeared that the defendant, who was a money broker, brought tliem on board of the steamboat bound from New York to Providence; that in thé morning, while the steamboat lay at New York, and a short time before sailing, one of the bags was discovered to be lost, and that the other bag was…
1Opinion of the Court
STOBY, Circuit Justice.
After summing up the facts, said, I agree to the law as laid down at the bar. that in cases of bailees without reward, they are liable only for gross negligence. Such are depositaries, or persons receiving deposits without reward'for their care; and mandataries, or persons receiving goods to carry from one place to another without reward. The latter is the predicament of the defendant. He undertook to carry the gold in question for the plaintiff, gratuitously, from New York to Providence, and he is not responsible unless he has been guilty of gross negligence. Nothing…
2Cited by17 opinions
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Morse v. Homer's Inc.Massachusetts Supreme Judicial Court · 1936
- Pattison v. . Syracuse National BankNew York Court of Appeals · 1880
- United States v. BP Exploration & Production, Inc.District Court, E.D. Louisiana · 2014
- Hewlett v. SchadelCourt of Appeals for the Fourth Circuit · 1934
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