Simmons v. Law
New York Court of Appeals
George A. Simmons sued George Law, in the New York superior court to recover the the value of a quantity of gold-dust shipped hy the defendant’s line of steamers, from San Francisco to New York, on "March 14, 1851. Defendant was a common carrier between those places, and received the gold-dust in that capacity. This was alleged and admitted in the pleadings, and was proved on the trial. The package never reached New York, and plaintiff after demand, sued for its value.
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George A. Simmons sued George Law, in the New York superior court to recover the the value of a quantity of gold-dust shipped hy the defendant’s line of steamers, from San Francisco to New York, on "March 14, 1851. Defendant was a common carrier between those places, and received the gold-dust in that capacity. This was alleged and admitted in the pleadings, and was proved on the trial. The package never reached New York, and plaintiff after demand, sued for its value. A bill of lading was given by defendant’s agent at San Francisco, giving the marks and numbers upon the package, its alleged…
1Opinion of the Court
By the Court.
Hunt, J.
[After stating facts.]—On the *243trial the judge charged the jury, that the defendant agreed to deliver the gold-dust, unless he was prevented by some one of the perils or causes specified in the bill of lading ; that among those were dangers of the seas, land carriage, river navigation, thieves and robbers; that, the dust not having been received, it was incumbent on the defendant to show by satisfactory evidence that some one of these causes prevented the delivery. The judge further stated that there was no pretense that the property was lost by dangers of the seas or by…
2Cases cited7 opinions
- Merritt v. . EarleNew York Court of Appeals · 1864
- Read v. . SpauldingNew York Court of Appeals · 1864
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
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