Barney v. Burnstenbinder
New York Supreme Court
APPEAL from a judgment entered on the verdict of a jury. The agent of the defendant shipped, upon a vessel belonging to the company of which the plaintiff was president, a package of nitro-glycerine, consigned to a person in California, without notifying the carriers of the nature of the contents. On the arrival of the vessel at San Francisco, the package was found to be leaking.
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APPEAL from a judgment entered on the verdict of a jury. The agent of the defendant shipped, upon a vessel belonging to the company of which the plaintiff was president, a package of nitro-glycerine, consigned to a person in California, without notifying the carriers of the nature of the contents. On the arrival of the vessel at San Francisco, the package was found to be leaking. The carriers adopted the usual method of stopping the leakage, by opening the package, having no reason to appreliencl any danger, nor any warning that it was necessary to nse extraordinary care in handling the…
1Opinion of the Court
By the Court, Gilbert, J.
The verdict of the jury established the fact that Deveau was the agent of the defendant in shipping the nitro-glycerine in question, and that the same was shipped by Deveau in the due course of his business as such • agent, without giving any notice to the plaintiff of the dengerous nature of the article shipped. The evidence was conflicting. The subject, however, was fairly submitted to the jury, under proper instructions, and their verdict must be held conclusive. The question is, whether there is an implied duty on the part of the shippers of goods of this…
2Cases cited4 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Smith v. BullNew York Supreme Court · 1837
- Pierce v. WinsorU.S. Circuit Court for the District of Massachusetts · 1861
3Cited by8 opinions
- Luckenbach Steamship Co. v. Coast Manufacturing & Supply Co.District Court, E.D. New York · 1960
- Kawasaki Kisen Kaisha, Ltd. v. Plano Molding Co.Court of Appeals for the Seventh Circuit · 2012
- Flynn v. Central RailroadThe Superior Court of New York City · 1891
- Bradley v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Flynn v. Central Railroad of New JerseyThe Superior Court of the City of New York and Buffalo · 1891
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