Crosby v. Fitch
Supreme Court of Connecticut
This was an action on the case, to recover damages for the loss of 52 bales of cotton, belonging to the plaintiffs, shipped on board the sloop Maria, owned by the defendants, at New-York, to be transported thence to Norwich, in this state.
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This was an action on the case, to recover damages for the loss of 52 bales of cotton, belonging to the plaintiffs, shipped on board the sloop Maria, owned by the defendants, at New-York, to be transported thence to Norwich, in this state. The cause was tried at Hartford, September term, 1837, before Church, J. In the month of February, 1836, Augustine Averill ó,- Co. of New- York, agents of the plaintiffs, delivered on board the sloop Maria, owned by the defendants, a quantity of cotton owned by the plaintiffs, to be transported from Nexo- York to Norivich ; and James Roath, the master of…
1Opinion of the CourtChurch, J.
1. The defendants have considered themselves as bailees for hire, and subject only to the responsibilities attachable to that character. If they are right in this, then a question of care and diligence, under the circumstances of the case, was one which ought by the judge at the trial to have been submitted to the jury. But if the defendants were common carriers, and liable for all losses not occasioned by the act of God, &c. then a very different question was to be settled.
We consider the defendants responsible in the latter character. They were owners of the coasting vessel Maria, a vessel,…
2Cases cited10 opinions
- De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
- Gibson v. CulverNew York Supreme Court · 1837
- Williams v. GrantSupreme Court of Connecticut · 1816
- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
- Kellogg v. WadhamsSupreme Court of Connecticut · 1832
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3Cited by28 opinions
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- Read v. . SpauldingNew York Court of Appeals · 1864
- The IndrapuraDistrict Court, D. Oregon · 1909
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