Semler v. Commissioners of Emigration
New York Court of Common Pleas
Appeal by defendant from a judgment of tbe Marine Court, This was an action to recover damages for lost baggage, belonging to Martin and Lucas Scbmidt, tbe plaintiff’s assignors, who were emigrants, and whose baggage was lost at Castle Garden under the following circumstances: 4 The Commissioners of Emigration allow certain railroad companies, running out of New York city, to keep ticket offices in Castle Garden.
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Appeal by defendant from a judgment of tbe Marine Court, This was an action to recover damages for lost baggage, belonging to Martin and Lucas Scbmidt, tbe plaintiff’s assignors, who were emigrants, and whose baggage was lost at Castle Garden under the following circumstances: 4 The Commissioners of Emigration allow certain railroad companies, running out of New York city, to keep ticket offices in Castle Garden. These companies provide a barge, by means of which all emigrants are landed on their arrival. Their luggage is taken by the barge at the same time, and placed upon the dock. The…
1Opinion of the Court
Ingraham, First Judge. —
Tbe evidence shows that tbe barge, on which tbe baggage was lost, was in the employ of Burns, and was provided by tbe railroad companies, and not by tbe defendants. Those companies, from motives of interest on their part, have adopted, with tbe consent of tbe defendants, this mode of effecting tbe landing of emigrants. On delivery to tbe emigrant, at tbe ship, on board of tbe barge, of bis luggage, tbe ship-owners are discharged. If any loss occurs before reaching Castle Carden, tbe persons liable would not be tbe defendants, but tbe person in charge of tbe barge and…
2Cited by3 opinions
- Stewart v. CorbusOregon Supreme Court · 1887
- Klein v. Hamburg American Packet Co.New York Court of Common Pleas · 1871
- The Tan Bark CaseDistrict Court, E.D. Michigan · 1866