Place v. Union Express Co.
New York Court of Common Pleas
Appeal by defendants irom a judgment of the Marine Court at general term. The action was brought to recover damages for the non-delivery of fifty boxes of fruit entrusted to the defendants at the city of New Yorle, to be transported to Milwaukee..
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Appeal by defendants irom a judgment of the Marine Court at general term. The action was brought to recover damages for the non-delivery of fifty boxes of fruit entrusted to the defendants at the city of New Yorle, to be transported to Milwaukee.. Fifty boxes were delivered to the defendants for transportation on the 9th of April, 1856, and the other hundred boxes were delivered to them on the 26th of April, 1856. By the receipts, given by the defendants at the time, they contracted to transport the fruit and-deliver it at the depot of the railroad in Milwaukee within- twelve days from the…
1Opinion of the Court
By the Court, Daly, First Judge.
The defendants claim to be exempt from liability upon the ground that, as expressmen, they are merely forwarders, and not common carriers; and we are referred to the case of Hersfield v. Adams (19 Barb. 577), as authority for the proposition that express companies, who agree to transport goods or packages from place to place, for hire, in the ordinary and approved means of conveyance, who are not owners of, nor interested in, the vessels, boats, or other conveyances by which the goods are transported, are not common carriers, but mere forwarders, subject to ho…
2Cases cited8 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Haxton v. BishopNew York Supreme Court · 1829
- Gibson v. CulverNew York Supreme Court · 1837
- Wolcott v. Van SantvoordNew York Supreme Court · 1819
- Ackley v. KelloggNew York Supreme Court · 1828
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Westcott & Northrup v. FargoNew York Supreme Court · 1872
- Burns Grain Co. v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Reed v. . United States Express Co.New York Court of Appeals · 1872