Johnson v. New York Central Railroad
New York Court of Appeals
Appeal from the Supreme Court. The actiou was for the value of ninety-one bales of tow, addressed to E. Ludlow, Jr., at New York, and delivered by the plaintiff’s firm to the defendant at Little Ealls, to be transported to Albany, and to be forwarded thence by the People’s Line of steamboats to New York.
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Appeal from the Supreme Court. The actiou was for the value of ninety-one bales of tow, addressed to E. Ludlow, Jr., at New York, and delivered by the plaintiff’s firm to the defendant at Little Ealls, to be transported to Albany, and to be forwarded thence by the People’s Line of steamboats to New York. The tow was received by the defendant on the 29th of November, 1854, and on the arrival of the property at Albany, it was offered to the proprietors of the People’s Line, who declined to receive it, on the ground that they were prohibited by act of Congress from transporting freight of that…
1Opinion of the CourtPorter, J.
The defendant undertook to transport the flax to Albany, and to forward it thence to Hew York by the People’s Line o'f steamboats. On the refusal of that line to receive it, the defendant’s obligation as a carrier ceased; and if it incurred any further liability, it was in the character of agent for the owner of the property. In the absence of instructions as to the mode of transportation from Albany, it owed no duty to the plaintiff, beyond the delivery of the property, in the usual course of business, to safe and respon sible carriers for transmission to its destination. (Brown v. Dennison,…
2Cases cited5 opinions
- Goold v. . ChapinNew York Court of Appeals · 1859
- Ackley v. KelloggNew York Supreme Court · 1828
- Trustees of the Society of the Methodist Episcopal Church v. TryonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brown v. DenisonNew York Supreme Court · 1829
- Forrestier v. BordmanU.S. Circuit Court for the District of Massachusetts · 1839
3Cited by31 opinions
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Walters v. C., R. I. & P. R.Supreme Court of Iowa · 1875
- Isaacson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Post v. RailroadTennessee Supreme Court · 1899
- Goodrich v. . ThompsonNew York Court of Appeals · 1871
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