Northrop v. Syracuse, &c. Railroad
New York Court of Appeals
Louis and Edward P. Northrop and the Syracuse, Binghamton & New York Railroad Company, having a controversy in reference to the liability of the company for wheat belonging to plaintiffs, and destroyed in the company’s freight-house by fire, submitted the controversy to the supreme court, by a statement of facts, for determination without action.
Read the full summary
Louis and Edward P. Northrop and the Syracuse, Binghamton & New York Railroad Company, having a controversy in reference to the liability of the company for wheat belonging to plaintiffs, and destroyed in the company’s freight-house by fire, submitted the controversy to the supreme court, by a statement of facts, for determination without action. The defendants were common carriers; and on August 8, 1859, received from plaintiffs, at Tully, twenty-two bags of wheat, directed to the plaintiffs, at Chenango Forks, and agreed to transport the same accordingly. They carried the wheat, by their…
1Opinion of the CourtBocees, J.
[After briefly stating facts.] — The question is, whether on the facts stated the defendants were discharged from their liability as common carriers. It seems they had conveyed the property safely to its place of destination, and, no one being there to whom they could make delivery, it was deposited, according to the usual course of business, in the freight-house. While the defendants were bound to deliver the property according to the usual course of trade or business, they were not required to go or send to the plaintiffs’ residence, fifteen miles away, either to make delivery there or to…
2Cases cited4 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Goold v. . ChapinNew York Court of Appeals · 1859
- McDonald v. . Western Railroad CorporationNew York Court of Appeals · 1866
- Ladue v. . GriffithNew York Court of Appeals · 1862
3Cited by2 opinions
- Laporte v. Wells, Fargo & Company's ExpressAppellate Division of the Supreme Court of the State of New York · 1897
- Porter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1926