Mills v. . the Michigan Central R.R. Co.
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the third judicial district, affirming the judgment of the Special Term in favor of the plaintiff. This action was brought to recover the value of 298 bags of wheat, which were shipped on the defendant’s road at Kalamazoo, Michigan, on the 16th of October, 1865, to go to Detroit by rail, and thence to Buffalo, K. Y., by propellers on the lakes, thence to Albany, IT. Y.s by the Kew York Central railroad.
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Appeal from the judgment of the General Term of the Supreme Court, in the third judicial district, affirming the judgment of the Special Term in favor of the plaintiff. This action was brought to recover the value of 298 bags of wheat, which were shipped on the defendant’s road at Kalamazoo, Michigan, on the 16th of October, 1865, to go to Detroit by rail, and thence to Buffalo, K. Y., by propellers on the lakes, thence to Albany, IT. Y.s by the Kew York Central railroad. The bags were consigned to Mills & McMartin, Albany, K. Y., by lake and rail, but no way bills or shipping receipts were…
1Opinion of the CourtFolgeb, J.
Unless the defendants were relieved from their liability as common carriers by the provision in their charter to be noticed hereafter, they could only be discharged therefrom by a delivery of the wheat to the next carrier in the line of transportation, or by a notice to him that it was ready for delivery, and the lapse of a reasonable time for him to take it away, and in the event of his neglect so to do, the proper storage of the same, or by the doing of some act indicating a renunciation of the relation of carrier. (McDonald v. West. Trans. Co., 34 N. Y., 497; Goold v. Chapin, 20 N. Y.,…
2Cases cited2 opinions
- Goold v. . ChapinNew York Court of Appeals · 1859
- McDonald v. . Western Railroad CorporationNew York Court of Appeals · 1866
3Cited by14 opinions
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
- Aetna Insurance Co. v. . WheelerNew York Court of Appeals · 1872
- Shelton v. . Merchants' Dispatch Trans. Co.New York Court of Appeals · 1874
- Shelton v. Merchants' Dispatch Transportation Co.New York Court of Appeals · 1874
- Condon v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1884
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