Camden & Amboy Rail Road & Transportation Co. v. Burke
New York Supreme Court
Error from the superior court of the city of New-York. Burke brought his action against the company, the proprietors of a line of steam-boats and of a rail-road and carriages between New-York and Philadelphia, for damage done to the wardrobe, music and musical instruments of his minor son, master Burke, a stage player, by the wardrobe, &c. falling into the water at Bordentown, whilst the agents of the company were in the act of passing the baggage from a steam-boat of the…
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Error from the superior court of the city of New-York. Burke brought his action against the company, the proprietors of a line of steam-boats and of a rail-road and carriages between New-York and Philadelphia, for damage done to the wardrobe, music and musical instruments of his minor son, master Burke, a stage player, by the wardrobe, &c. falling into the water at Bordentown, whilst the agents of the company were in the act of passing the baggage from a steam-boat of the company to the cars upon the rail-road. Master Burke was a passenger, in the line of the company, from Philadelphia to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiffs in error insist that they are carriersof passengers; that as such they are bound to supply carriages and machinery, sound and sufficient,as far as the eye, and judgment can discover, and if an accident occurs, with the exercise of care and diligence, it is actus Dei, and they are not responsible. The defendant in error contends that the plaintiffs are not only carriers of passengers,but carriers of goods; common carriers, andanswerable as such. Story on Bailment, 379, is referred to by both counsel,as stating the rale correctly as to carriers of…
2Cases cited1 opinion
- Orange County Bank v. BrownNew York Supreme Court · 1832
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- Sherlock v. AllingIndiana Supreme Court · 1873
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Anderson v. . Fidelity Casualty Co.New York Court of Appeals · 1920
- Sprague v. SmithSupreme Court of Vermont · 1857
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