Rowe v. The City of Dublin
District Court, E.D. New York
This action was brought to recover damages for undue delay in delivering a case, of merchandise shipped in the steamer City of Dublin, consigned to the libellant [Edward Rowe]. The steamer arrived in this port on. the 17th of September, and proceeded at once to discharge. The case in question, however, was not delivered with the rest of the cargo, and, on application of the consignee, was reported not to be on board.
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This action was brought to recover damages for undue delay in delivering a case, of merchandise shipped in the steamer City of Dublin, consigned to the libellant [Edward Rowe]. The steamer arrived in this port on. the 17th of September, and proceeded at once to discharge. The case in question, however, was not delivered with the rest of the cargo, and, on application of the consignee, was reported not to be on board. As the manifest showed that it had been actually shipped, it was supposed to have been misdelivered, and repeated applications were made on behalf of the consignee to the agents…
1Opinion of the Court
BENEDICT, District Judge.
Upon the facts in this case, the libellant insists that the delay in the delivery of the package, was caused by the neglect of the carrier; while the respondents insist that the delay arose in the first instance, from the neglect of the freighter, in not having marks put upon the box itself as well as upon the covering, in which case it would have been delivered instead of having been sent to public store; and that as soon as the case was known to be missing, it was traced and delivered without undue delay or neglect on the part of the vessel. The proofs introduced by…
2Cases cited3 opinions
- Wibert v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Kent v. Hudson River Rail RoadNew York Supreme Court · 1856
- Jones v. New York & Erie Rail RoadNew York Supreme Court · 1859
3Cited by4 opinions
- The CaledoniaU.S. Circuit Court for the District of Massachusetts · 1890
- Paolillo v. One Thousand Nine Hundred & Forty Bales of Vegetable HairDistrict Court, S.D. New York · 1888
- The Georg DumoisDistrict Court, E.D. New York · 1898
- Steinberg v. Erie RailroadAppellate Terms of the Supreme Court of New York · 1918