McArthur v. Sears
New York Supreme Court
This was an action on the case against the defendant as a common carrier, for the loss of 154 barrels of oysters shipped at Buffalo, to be transported across Lake Erie to Detroit, tried at the Albany circuit, before the Hon. John P. Cushman, one of the circuit Judges. The oysters were shipped in the month of November, 1835, on board the steamboat Columbus, belonging to the defendants.
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This was an action on the case against the defendant as a common carrier, for the loss of 154 barrels of oysters shipped at Buffalo, to be transported across Lake Erie to Detroit, tried at the Albany circuit, before the Hon. John P. Cushman, one of the circuit Judges. The oysters were shipped in the month of November, 1835, on board the steamboat Columbus, belonging to the defendants. The master was directed to ship them below deck, but placed a portion of them on the promenade deck. In attempting to enter the port of Erie or Presque Isle Bay, an intermediate port between Buffalo and Detroit,…
1Opinion of the Court
By the Court,
Cowen, J.
The first ground of objection to the depositions is, we think, clearly untenable. Nothing is better settled than that a party may set his own witnesses right by other evidence of a material fact, even though it contradict and tend indirectly to discredit them. Phil. Ev. 7th Lond. ed. 309. Id. 8th Lond. ed. 902, and the cases there cited. Savage, Ch. J. in Lawrence v. Barker, 5 Wendell, 305. Jackson ex dem. Hopkins v. Leek, 12 id. 105. Livingston, J. in Steinback v. The Col. Ins. Co. 2 Caines’ R, 131. This should be especially so, being offered by way of correcting a mere…
2Cases cited7 opinions
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- Creery v. HollyNew York Supreme Court · 1835
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- Gordon & Walker v. LittleSupreme Court of Pennsylvania · 1822
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