Aetna Insurance Co. v. . Wheeler
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and directing a new trial. The action was brought to recover the amount of insurance paid by plaintiff upon a quantity of flour shipped at Milwaukie for Boston, and alleged to have been destroyed by fire at Ogdensburgh while in the possession of the defendants as common carriers.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and directing a new trial. The action was brought to recover the amount of insurance paid by plaintiff upon a quantity of flour shipped at Milwaukie for Boston, and alleged to have been destroyed by fire at Ogdensburgh while in the possession of the defendants as common carriers. The flour was shipped upon one of the boats of the Northern Transportation Company, which company ran a line of propellers from Milwaukie to…
1Opinion of the CourtGrover, J.
The order not stating that the judgment was reversed upon questions of fact, it must be assumed that the reversal was upon questions of law only. (Code, § 268.) The questions of law involved are whether the defendants were entitled to the benefit of the exceptions from the common-law liability of carriers contained in the contract of the Horthern Transportation Company for the transportation of the flour; and, second, whether, from the facts found by the referee, the flour, at the time of its destruction by fire, was in the possession of the defendants as common carriers. The first question…
2Cases cited3 opinions
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Converse v. Norwich & New York Transportation Co.Supreme Court of Connecticut · 1865
- Mills v. . the Michigan Central R.R. Co.New York Court of Appeals · 1871
3Cited by15 opinions
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Houston & Texas Central Railway Co. v. DunhamTexas Supreme Court · 1878
- Jordan v. City of SeattleWashington Supreme Court · 1902
- Adams Express Co. v. HarrisIndiana Supreme Court · 1889
- McCarn v. International & Great Northern Railway Co.Texas Supreme Court · 1892
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