Quimby v. . Vanderbilt
New York Court of Appeals
The plaintiff sued the defendant in the New-York Common Pleas, and complained that shortly prior to the 5th' of March, 1852, the defendant being a carrier of passengers between New-York and California, undertook, in consideration of $250 paid by the plaintiff, to carry him from New-York to San Francisco, by the route across the Isthmus of Nicaragua, and that such passage, on the Pacific coast of the continent, should be in the second cabin of the steamship Independence, on…
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The plaintiff sued the defendant in the New-York Common Pleas, and complained that shortly prior to the 5th' of March, 1852, the defendant being a carrier of passengers between New-York and California, undertook, in consideration of $250 paid by the plaintiff, to carry him from New-York to San Francisco, by the route across the Isthmus of Nicaragua, and that such passage, on the Pacific coast of the continent, should be in the second cabin of the steamship Independence, on her then next voyage to San Francisco ; that, pursuant to the contract, the plaintiff was carried to the port of San Juan…
1Opinion of the CourtDemo, J.
The plaintiff relies upon an express contract by which, as he alleges, the defendant engaged to cause him ' to be carried from New-York to San Francisco; and the single question of law involved in the case is, ydiether there was evidence of such a contract proper to be submitted to the jury. If it should be conceded that there was no such connection between the three lines of transportation as would entitle the defendant, as the representative of the whole, to contract in their behalf for the carriage of persons and property the entire distance from New-York to California, it was yet quite…
2Cited by58 opinions
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- Williams v. . VanderbiltNew York Court of Appeals · 1863
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