Trowbridge v. Chapin
Supreme Court of Connecticut
This was an action on the case, for negligence, on the part of the defendants, in the transportation, and delivery, of certain goods belonging to the plaintiff. The cause was tried on the general issue, at New Haven, October term, 1854. On the trial, it was admitted that the defendant was the owner of the steamer called the Traveller, and as such, a common carrier between the cities of New York and New Haven.
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This was an action on the case, for negligence, on the part of the defendants, in the transportation, and delivery, of certain goods belonging to the plaintiff. The cause was tried on the general issue, at New Haven, October term, 1854. On the trial, it was admitted that the defendant was the owner of the steamer called the Traveller, and as such, a common carrier between the cities of New York and New Haven. In support of the plaintiff’s claim, the following testimony was offered: The plaintiff testified, that, in the month of August, 1851, he left in the possession of Mr. Bailey, the keeper…
1Opinion of the CourtHinman, J.
We think the verdict, in this case, so clearly against the weight of evidence, that a new trial must be granted on that ground. We are not called upon to determine any point of law in the case, because the parties claim, or admit the law to be, that, in order to charge a common carrier with the loss of goods, it must be shown that they were delivered to, and received by, • him or his agent, to be carried; and it is further claimed by the defendant, and admitted by the plaintiff, that the ordinary hands, or in other words, the crew of a vessel are not, generally, agents of the owners, for the…
2Cited by5 opinions
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- Ford v. MitchellIndiana Supreme Court · 1863
- Slaughter v. DenmeadSupreme Court of Virginia · 1892
- The Edwin v. Naumkeag Steam Cotton Co.U.S. Circuit Court for the District of Massachusetts · 1859
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. BarrettOhio Supreme Court · 1881