Salinger v. Simmons
New York Supreme Court
Exceptions. This action was brought by Max Salinger against Edward Simmons and others, the defendants, as common carriers and warehousemen, to n cover the value of a cask of gin lost by their negligence.
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Exceptions. This action was brought by Max Salinger against Edward Simmons and others, the defendants, as common carriers and warehousemen, to n cover the value of a cask of gin lost by their negligence. The complaint alleged : 1. That the defendants, as common carriers, September 22, 1864, contracted to carry a cask of gin for the plaintiff from the city of Hew York to Catskill; and that they so carelessly and negligently conducted themselves in that regard,'that the cask of gin was wholly lost to the plaintiff- and he demanded for judgment one hundred and seventy-five dollars. 2. That the…
1Opinion of the Court
By the Court.*—Miller, J.
The evidence in this case establishes that the property in question was safely transported upon the defendants’ steamboat to Catskill Point, which was the termination of the defendants’ route as common carriers, and was there delivered to one Huntley, who kept a public house and a storehouse and warehouse at that place, and who acted as the agent of the defendants and of other steamboats in receiving and delivering freight. The defendants had no interest in the storehouse or warehouse; and the usual custom was to put all goods there which were landed at the Point, for…
2Cases cited4 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hempstead v. New York Central Rail RoadNew York Supreme Court · 1858
- Grosvenor v. New York Central RailroadNew York Court of Appeals · 1868
- Williams v. HollandNew York Court of Common Pleas · 1861