Chamberlain v. Western Transportation Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the eighth district, ordering judgment upon a verdict in favor of the plaintiff directed at the trial, subject to the opinion of the General Term. The action was brought by the respondent, as assignee of Hamilton Ward and Mary Ward, his wife, to recover from the appellant, as a common carrier, the value of certain personal baggage.
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Appeal from an order of the General Term of the Supreme Court, in the eighth district, ordering judgment upon a verdict in favor of the plaintiff directed at the trial, subject to the opinion of the General Term. The action was brought by the respondent, as assignee of Hamilton Ward and Mary Ward, his wife, to recover from the appellant, as a common carrier, the value of certain personal baggage. The facts as they appeared on the trial were as follows: About the 9th day of August, 1864, Ward and his wife took passage, at Detroit, Michigan, on board of the propeller Racine, a vessel owned by…
1Opinion of the Court
The defendant was a common carrier of passengers and goods between Detroit and Buffalo, and the measure of its responsibility, as such, is the only question to be determined in this case.
The common law, for reasons of public policy, held carriers, both by land and water, to the same rigid responsibility. It made them answerable for all loss and damage to the goods entrusted to them to carry, except such as were caused by the act of God, or the public enemies. Loss by fire, unless caused by lightning, was not within the exception, and hence, if a vessel was burned at sea and she and her cargo…
2Cases cited6 opinions
- United States v. CoombsSupreme Court of the United States · 1838
- Waller v. HarrisNew York Supreme Court · 1838
- James v. . PattenNew York Court of Appeals · 1851
- Faw v. MarstellerSupreme Court of the United States · 1804
- American Insurance v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People Ex Rel. Flinn v. BarrNew York Court of Appeals · 1932
- The Snug HarborDistrict Court, E.D. New York · 1931
- Rozelle v. HarmonSupreme Court of Missouri · 1890
- People v. City of BuffaloNew York Supreme Court · 1890
- Christensen v. LundstenSuffolk County District Court · 2008
2 more not listed; retrieve them via the Exa API.