Scheu v. . Benedict
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from a judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. The defendants, as carriers, had only undertaken to safely transport the cargo to its destination, and deliver, or offer to deliver it according to directions, and give a reasonable time in which to unload, and when this had all been done, their whole duty as carriers was discharged and they were no longer liable…
1Opinion of the CourtHaight, J.
This • action was brought to recover damages alleged to have been sustained by reason of a cargo of malt becoming damp and wet. The defendants were common carriers of freight upon the Erie canal and Hudson river, and as such owned and ran the canal boat “ W. W. Beebe.” On the 16th day of June, 1882, they received from the plaintiff thirteen thousand bushels of Canada barley malt, in good order, to be transported to the city of Hew York. Thereafter, and on the twenty-ninth day of June, the cargo arrived and notice was given to the consignees of such arrival, who immediately and on the same day…
2Cases cited3 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Price v. . PowellNew York Court of Appeals · 1850
- Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
3Cited by10 opinions
- Missouri Pacific Railway Co. v. Wichita Wholesale Grocery Co.Supreme Court of Kansas · 1895
- Mallory S. S. Co. v. G. A. Bahn Diamond & Optical Co.Court of Appeals of Texas · 1912
- Burkenroad Goldsmith Co. v. Illinois Cent. R.Supreme Court of Louisiana · 1915
- Wynantskill Knitting Co. v. MurrayNew York Supreme Court · 1895
- Bacharach v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1911
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