Weed v. . Barney
New York Court of Appeals
Appeal by the defendants from a judgment against them at the G-eneral Term of the Court of Common Pleas of the city and county of Hew York, entered upon a case submitted under section 372 of the Code.
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Appeal by the defendants from a judgment against them at the G-eneral Term of the Court of Common Pleas of the city and county of Hew York, entered upon a case submitted under section 372 of the Code. This action was brought to recover of Wells, Fargo & Co., a joint stock association, carrying on business as general agents, expressmen, forwarders and warehousemen, in various parts of the country, compensation for a case of merchandise which was destroyed by the explosion of a package of nitroglycerin, while both packages were in their warehouse in San Francisco. The nitro-glycerin was…
1Opinion of the Court
By the Court—Peckham, J.
Whether Wells, Fargo & Co. were liable, as common carriers or otherwise, for the pack age received at New York for San Francisco, as between those two cities, is not material to this controversy. The defendants received the package at the ship’s tackles at San Francisco, and their responsibility, confessed by them, commenced. They were to deliver the package to Finch & Co., at San Francisco, and collect the amount marked thereon, together with charges and commissions.
The package was received by the defendants on the 17th of March, and put in their warehouse, and it was…
2Cases cited3 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Gulliver v. Adams Express Co.Illinois Supreme Court · 1865
- Northrop v. Syracuse RailroadNew York Court of Appeals · 1867
3Cited by11 opinions
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Wien v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Hasse v. American Express Co.Michigan Supreme Court · 1892
- Porter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Fine v. BarrettNew York Supreme Court · 1913
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