Parsons v. Monteath & Hazard
New York Supreme Court
This was an action brought by Parsons, the respondent, to recover from Monteath & Hazard, the appellants, as common carriers, the value of certain goods belonging to the respondent. After the issue was joined between the parties, the action was referred to the Hon. F. Whittlesey as sole referee, who made a special report in favor of the plaintiff, upon which judgment was accordingly entered at special term.
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This was an action brought by Parsons, the respondent, to recover from Monteath & Hazard, the appellants, as common carriers, the value of certain goods belonging to the respondent. After the issue was joined between the parties, the action was referred to the Hon. F. Whittlesey as sole referee, who made a special report in favor of the plaintiff, upon which judgment was accordingly entered at special term. The report of the referee was as follows: “ To the Supreme Court: This cause having been referred to the subscriber, Frederick Whittlesey, as sole referee, I do report that I have been…
1Opinion of the Court
By the Court, Welles, J.
The first point made by the appellant, to wit, that the loss of the goods was the consequence of inevitable accident, or in other words, by the act of God, cannot be maintained; after the fire had commenced burning, I am satisfied that no human effort could have arrested it, and that no want of care is chargeable to the defendants, or their agents. But they sustained the relation of common carriers of the goods in question at the time the fire broke out, and when the goods *357were consumed, and the rules of law incident to that relation applied to them. The act of God, as…
2Cases cited2 opinions
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Colt v. M'MechenNew York Supreme Court · 1810
3Cited by26 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
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