Babcock v. Lake Shore & Michigan Southern Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment for the defendant entered on decision of the court upon trial without a jury. (Rep. below, 43 How. Pr.R., 317.) The action was brought to recover the value of a quantity of petroleum oil destroyed by fire while in possession of defendant as common carrier.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment for the defendant entered on decision of the court upon trial without a jury. (Rep. below, 43 How. Pr.R., 317.) The action was brought to recover the value of a quantity of petroleum oil destroyed by fire while in possession of defendant as common carrier. On ¡November 14th, 1867, the plaintiff shipped fifty-six barrels of refined petroleum, at Oil City, in the State of Pennsylvania, by the Atlantic and Great Western Railway Company, under an agreement, of which the following…
1Opinion of the CourtAllen, J.
To exempt the defendant, the successor in liability to the Buffalo and Erie Railroad Company, from the common-law responsibility of common carriers, extending to all losses except those resulting from the act of God or the public enemies, it must appear that the oil of the plaintiff was, at the time of its destruction, in the possession of the Buffalo and Erie Railroad Company, for transportation under a special contract, restricting the liability of the carrier, made by and with the plaintiff, or some one authorized to act in his behalf. The contract with the Atlantic and Great Western…
2Cases cited3 opinions
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871
3Cited by22 opinions
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
- Western Railway Co. v. HarwellSupreme Court of Alabama · 1890
- Bird v. RailroadsTennessee Supreme Court · 1897
- Hinckley v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
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