Rawson v. Holland
New York Court of Common Pleas
Appeal from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the decision of a judge of that court, after a trial before him without a jury. 'The action was against the defendant, as treasurer of the American Express Company, a common carrier, for the loss of goods delivered to them for transportation.
Read the full summary
Appeal from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the decision of a judge of that court, after a trial before him without a jury. 'The action was against the defendant, as treasurer of the American Express Company, a common carrier, for the loss of goods delivered to them for transportation. On the trial it appeared that the plaintiffs (composing the firm of Rawson, Bulkly & Co.) had delivered to the American Express Company, a common carrier, of which the defendant was the treasurer, a package of goods directed to “Day & Lathrop,…
1Opinion of the Court
Daly, Chief Justice.
I think the error in this case was the assumption by the judge who tried the cause, that if the defendants had delivered the goods to the Grand Trunk Railroad Company, the connecting carrier, receiving from that company a bill of lading, in their usual form, exempting them from liability in the event of injury, or the loss or destruction of the property by specified causes, that the defendants would have taken upon themselves the responsibility of insurers if the goods were lost or injured while in the custody of the Grand Trunk Railway Company, by any of the causes for…
2Cases cited9 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Nelson v. Hudson River RailroadCommission of Appeals · 1872
4 more not listed; retrieve them via the Exa API.