De Mott v. Laraway
New York Supreme Court
Error from the Seneca common pleas. Laraway sued De Mott & Ingersoll in a justice's court, to recover freight due to him as a common carrier. It was conceded that the amount was #39; but the defendants interposed as a defence the neglect of the plaintiff to deliver a hogshead of molasses, which he had received for transportation.
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Error from the Seneca common pleas. Laraway sued De Mott & Ingersoll in a justice's court, to recover freight due to him as a common carrier. It was conceded that the amount was #39; but the defendants interposed as a defence the neglect of the plaintiff to deliver a hogshead of molasses, which he had received for transportation. Laraway was the owner and master of a canal boat, and received on board his boat at Troy, a hogshead of molasses and other goods belonging to the defendants, to be transported to Kidder's fernj, being a landing place nearest to Farmersvdie¡ where the defendants…
1Opinion of the Court
By the Court,
Sutherland, J.
The court of common pleas erred in reversing the judgment of the justice. Laraway was a common carrier upon the canal, and as such undertook to transport the defendant’s goods from Troy to Kidder's ferry. This necessarily included the duty.of delivering the goods there in safety. They were all thus delivered except a hogshead of molasses, which was stove, in the act of being unladen; as they were hoisting it from the boat, with a tackle attached to a store house upon the bank of the canal, the rope broke, and the hogshead fell into the boat, and most of the molasses…
2Cited by7 opinions
- Rawson v. . HollandNew York Court of Appeals · 1875
- Baltimore & Ohio Railroad v. MoreheadWest Virginia Supreme Court · 1872
- The New Brunswick Steamboat v. TiersSupreme Court of New Jersey · 1853
- The R. G. WinslowDistrict Court, D. Wisconsin · 1860
- Rawson v. HollandNew York Court of Appeals · 1875
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