Mierson v. Hope
The Superior Court of New York City
This case was tried before Mr. Justice Fithian and a jury. The action was against the defendant as the proprietor of “ Hope’s Dispatch,” a common carrier, to recover for the loss of merchandise forwarded by such “ dispatch ” from Baltimore to the city of Hew York. The defendant’s receipt and contract was as follows: “ Through by rail to Yew York, without break of bulk, via Harrisbnrgh and Central Railroad of Yew Jersey. Hope Dispatch. Fast Freight Line.
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This case was tried before Mr. Justice Fithian and a jury. The action was against the defendant as the proprietor of “ Hope’s Dispatch,” a common carrier, to recover for the loss of merchandise forwarded by such “ dispatch ” from Baltimore to the city of Hew York. The defendant’s receipt and contract was as follows: “ Through by rail to Yew York, without break of bulk, via Harrisbnrgh and Central Railroad of Yew Jersey. Hope Dispatch. Fast Freight Line. Baltimore to Hew York and Boston. A. D. Hope {of Hope Express Go.), Supt. Marks and destination: F. R. Freight $ Charges - Baltimore, Jan.…
1Opinion of the Court
*568 By the Court:
Monell, J.
The rule in respect to the duties and liabilities of common carriers is, that their responsibilities cease with delivery. In the absence of any established usage or special contract to the contrary, the delivery must be to the bailor, or as the bailor may direct. If the consignee is known to the carrier, or with reasonable diligence can be ascertained, it is the duty of the latter to make actual delivery to such consignee either at-his residence or place of business. This rule is more especially applicable to carriers by land. But if the consignee is unknown to the…
2Cases cited6 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bates v. StantonThe Superior Court of New York City · 1852
- King v. RichardsSupreme Court of Pennsylvania · 1841
- Edson v. WestonNew York Supreme Court · 1827
- Van Winkle v. United States Mail Steamship Co.New York Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hansen v. The M. M. ChaseDistrict Court, S.D. New York · 1889
- New York & Harlem Railroad v. HawsThe Superior Court of New York City · 1873