Adams Express Co. v. Berry & Whitmore Co.
District of Columbia Court of Appeals
Hearing on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action against a carrier to recover damages for the loss of a shipment of goods.
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Hearing on an appeal by the defendants from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action against a carrier to recover damages for the loss of a shipment of goods. The Court in the opinion stated the facts as follows: Appeal from a decision of the supreme court of the District of Columbia allowing appellee, the Berry & Whitmore Company, a corporation, plaintiff below, to recover the full value of a diamond brooch delivered to appellant, the Adams Express Company, a partnership, defendant below, for transportation, but which never reached its…
1Opinion of the CourtJustice Robb
In view of the court’s charge, the verdict of the jury must have been based upon the finding that the brooch was embezzled or converted by the appellant through its agents, and not merely lost. If, therefore, this question of conversion was submitted to the jury under proper instructions by the court, and was based upon competent evidence, said finding will be conclusive of the fact of conversion. Hence our first inquiry is directed to this point.
We will first consider the competency of the testimony of appellee’s attorney to the effect that an agent of appellant stated to him, when said…
2Cases cited13 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith's Transfer & Storage Co. v. BatigneDistrict of Columbia Court of Appeals · 1943
- Railway Express Agency, Inc. v. Marchant Calculating Mach. Co.District of Columbia Court of Appeals · 1947
- Menuez v. Julius Kindermann & Sons, Inc.District Court, S.D. New York · 1937