Cragin v. New York Central Railroad
Commission of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover damages for the loss of forty-three hogs out of a lot of hogs transported for the plaintiffs by the defendant, from Buffalo to Albany, in June, 1858. The hogs died from the effects of heat, the result of the negligence ol’ the defendant’s agents in not watering, wetting, washing and cooling off said hogs on the way to their destination. It appeared that they were transported under a written…
1Opinion of the Court
Earl, C.
The rule of the common law makes a common carrier responsible for the safe carriage and delivery of property intrusted to his care, unless he be prevented by the act of G-od or of the public enemy. But this rule is not applied in its full extent to the carriage of live stock. (Angell on Car., § 214; Clark v. The Rochester and Syracuse R. R. Co., 14 N. Y., 570; Bissell v. New York Central R. R. Co., 25 id., 442; Smith v. New Haven and Northampton R. R. Co., 12 Allen, 531.) In the transportion of such stock, in the absence of negligence, the carrier is relieved from responsibility for…
2Cases cited4 opinions
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- French v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1868
- Walsh v. KellyNew York Supreme Court · 1864
- Keeney v. Grand Trunk Railway Co.New York Supreme Court · 1870
3Cited by6 opinions
- McGraw v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
- Galveston, Harrisburg & San Antonio Railway Co. v. PowersCourt of Appeals of Texas · 1909
- Indianapolis & St. Louis Railway Co. v. JureyAppellate Court of Illinois · 1881
- Nicholas v. New York Central & Hudson River RailroadNew York Supreme Court · 1875
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