Redpath v. Vaughan
New York Supreme Court
THIS is an appeal by the plaintiffs from a judgment dismissing the complaint, directed by the judge at the circuit, on the ground that the plaintiffs had failed to establish a cause of action. The action was brought against the defendants as common carriers.
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THIS is an appeal by the plaintiffs from a judgment dismissing the complaint, directed by the judge at the circuit, on the ground that the plaintiffs had failed to establish a cause of action. The action was brought against the defendants as common carriers. The complaint alleged that in June, 1864, the plaintiffs delivered to the defendants, at the port of Hew York, a quantity of sugar, to be transported by them to the port of Montreal, Canada East; that the defendants received the property, and promised safely to convey and deliver the same at the place of destination; that in neglect of…
1Opinion of the Court
By the Court, Bockes, J.
There can be no question as regards the law applicable to a common carrier. He is liable as an insurer of the property received by him for transportation, against all loss and damage happening thereto while under his control, unless occasioned by the act of God or the public enemy, or unless excused by special contract. As was said in Price v. Hartshorn, (44 Barb. 655,) with these exceptions the common carrier warrants the safe delivery of the property intrusted to'him against all contingencies. (See cases cited 44 Barb. 666.) The counsel for the appellant is therefore…
2Cases cited4 opinions
- McArthur v. SearsNew York Supreme Court · 1839
- Merritt v. . EarleNew York Court of Appeals · 1864
- Whitesides v. RussellSupreme Court of Pennsylvania · 1844
- Price v. HartshornNew York Supreme Court · 1865