Orange County Bank v. Brown
New York Supreme Court
This was an action on the case, tried at the Orange circuit in April, 1830, before the Hon. James Emott, then one of the circuit judges. The suit was brought against the defendants as the owners of a steam-boat called the Constellation, for the loss of a trunk belonging to a passenger on board the boat, who was the agent of the plaintiffs and entrusted with the carriage of $11,250 from the city of New-York to the banking house of the plaintiffs, in the village of Goshen.
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This was an action on the case, tried at the Orange circuit in April, 1830, before the Hon. James Emott, then one of the circuit judges. The suit was brought against the defendants as the owners of a steam-boat called the Constellation, for the loss of a trunk belonging to a passenger on board the boat, who was the agent of the plaintiffs and entrusted with the carriage of $11,250 from the city of New-York to the banking house of the plaintiffs, in the village of Goshen. The declaration contained a count reciting that the defendants, on the 15th November, 1827, were the owners or proprietors…
1Opinion of the Court
*114 By the Court,
Nelson, J.
This case is peculiar in many 0f jts featUres, and must be determined by a recurrence to some °f the general and fundamental principles which gov-era actions of this kind. The rule of the common law in rela- . tion to common carriers has been frequently pronounced a rigorous one, and its vindication by Lord Holt affords abundant evidence, if any were wanting, of the truth of the observation. He says, in Lane v. Colton, 1 Vin. Abr. 219, though one máy think it a hard case, that a poor carrier that is robbed on the road without any manner of default in him, should be…
2Cases cited1 opinion
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by64 opinions
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
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