Draper v. . Prest., Etc., D. H.C. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Movember 16,1886, which affirmed a judgment in favor of defendant, ordered upon the trial in the County Court. The nature of the action and the facts are sufficiently stated in the opinion. The goods were in the possession and care of the defendant as a common carrier and not as a warehouseman at the time they were destroyed by fire.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made Movember 16,1886, which affirmed a judgment in favor of defendant, ordered upon the trial in the County Court. The nature of the action and the facts are sufficiently stated in the opinion. The goods were in the possession and care of the defendant as a common carrier and not as a warehouseman at the time they were destroyed by fire. (Edsall v. Camden, 50 N. Y. 661; 14 Wend. 225; 45 N. Y. 578; 11 Wend. 305; 2 Kent’s Com. 604; Edwards on Bailments, § 615; Nelson v. H R. R.…
1Opinion of the CourtHaight, J.
This action was brought to recover the value of a quantity of household goods and furniture which was destroyed by fire.
On the 6th day of February, 1885, the plaintiff shipped the goods and furniture in question by the defendant at Binghampton, to the city of Albany. The goods so shipped arrived in Albany in due course of time and were left in the car in which they were shipped until the first day of March thereafter at which time they were destroyed by fire.
The first question which it becomes necessary for us to consider is as to whether the defendant can be held liable as a common carrier.…
2Cases cited2 opinions
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
3Cited by10 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Traders Compress Co. v. PrecureSupreme Court of Oklahoma · 1924
- Becker v. Pennysylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Kaiser v. LatimerAppellate Division of the Supreme Court of the State of New York · 1899
- Reiss v. Texas & P. Ry. Co.Court of Appeals for the Second Circuit · 1899
5 more not listed; retrieve them via the Exa API.