Brand v. New Jersey Steamboat Co.
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by George W. Brand against the New Jersey Steamboat Company to recover damages for injuries to part of a shipment of 63 bales of hops shipped by plaintiff on defendant’s steamboat from Albany to the Glaus Lipsius Brewing Company, in Williamsburgh, under a verbal contract of affreightment. The complaint was dismissed on the merits, and plaintiff appeals. Affirmed.
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Appeal from judgment on report of referee. Action by George W. Brand against the New Jersey Steamboat Company to recover damages for injuries to part of a shipment of 63 bales of hops shipped by plaintiff on defendant’s steamboat from Albany to the Glaus Lipsius Brewing Company, in Williamsburgh, under a verbal contract of affreightment. The complaint was dismissed on the merits, and plaintiff appeals. Affirmed. The goods were lightered by the defendant upon their arrival in New York, and were transported to a dock within one mile of the consignee’s place of residence, the lighter reaching…
1Opinion of the CourtBisceloff, J.
No claim is made that the goods in suit were injured while in the course of actual transportation by the defendant carrier, and the only, question raised by the appellant relates to the defendant’s liability for the damage occurring, under the state of facts above recited, either in the capacity of carrier or of warehouseman. It is well settled that a carrier of goods retains its character as such, with the attendant liability as insurer, until the goods have been delivered to the consignee, either actually or constructively, and that, to constitute a constructive delivery, there must be…
2Cases cited6 opinions
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
- Redmond v. Liverpool, New York & Philadelphia Steamboat Co.New York Court of Appeals · 1871
- McKinney v. . JewettNew York Court of Appeals · 1882
- Draper v. . Prest., Etc., D. H.C. Co.New York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- American Railway Express Co. v. RhodyIndiana Court of Appeals · 1924
- Diamant v. Long Island RailroadAppellate Terms of the Supreme Court of New York · 1900