L. Kommel & Son v. Champlain Transportation Co.
Supreme Court of Vermont
Trover for a quantity of goods consigned to B. J. Fayette, and delivered to M. J. Solomon by the defendant. Plea, the general issue. Trial by the city court of the city of Burlington, C. S. Palmer, City Judge. Judgment for the defendant. The plaintiff excepted. The opinion states the case. If the goods were delivered to the one who ordered them, the carrier is not liable, although he is not the person to whom the consignor thought he ivas sending them.
Read the full summary
Trover for a quantity of goods consigned to B. J. Fayette, and delivered to M. J. Solomon by the defendant. Plea, the general issue. Trial by the city court of the city of Burlington, C. S. Palmer, City Judge. Judgment for the defendant. The plaintiff excepted. The opinion states the case. If the goods were delivered to the one who ordered them, the carrier is not liable, although he is not the person to whom the consignor thought he ivas sending them. Lakeshore <& M. S. R. R. Co. v. Luce, 11 Ohio C. C. 543; Wilson v. Adams Express Go., 27 Mo. App. 360; Dunbar v. Boston & P. R. Gorp., 110…
1Opinion of the CourtMiles, J.
This is an action against the defendant for failure to deliver goods consigned by the plaintiff to B. J. Fayette. The ease was tried by the municipal court of .the city of Burlington, and from the facts found by that court it appears that the plaintiff, on April 26, 1912, shipped from New York via the Hudson Navigation Company, two cases of dry goods, consigned to B. J. Fayette, 77 North Street, Burlington, Vt., which in due course of transportation were received by the defendant and transported to its dock in Burlington, for delivery to the consignee. While doing business at 77 North Street,…
2Cases cited8 opinions
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872
- Pacific Express Co. v. ShearerIllinois Supreme Court · 1896
- Dunbar v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1872
- Winslow v. Vermont & Massachusetts RailroadSupreme Court of Vermont · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Booth v. New York Central RailroadSupreme Court of Vermont · 1921
- Cornell Dubilier Electric Corp. v. Press Wireless, Inc.Court of Appeals for the Second Circuit · 1949
- Malvern Cold Storage Co. v. American Railway Express Co.Supreme Court of Iowa · 1928
- Patterson Produce Co. v. American Ry. Express Co.Court of Appeals of Texas · 1927