Germania Fire Insurance v. Memphis & Charlestown Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiffs entered upon the report of a referee and granting a new trial. (Mem. of decision below, 7 Hun, 233.) ■This action was brought to recover for loss and damage to a quantity of cotton shipped by defendant’s road from Memphis "to New York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiffs entered upon the report of a referee and granting a new trial. (Mem. of decision below, 7 Hun, 233.) ■This action was brought to recover for loss and damage to a quantity of cotton shipped by defendant’s road from Memphis "to New York. The evidence shows that on February 17, 1868, at the city of Memphis, one Rossel was the owner of 406 bales of cotton; on that day he made a verbal arrangement with the general freight agent of the defendant, at that place,…
1Opinion of the CourtRapallo, J.
The bill of lading issued by the defendant for the cotton in question contained a clause exempting the defendant from liability for damages by fire. If the shipper of the cotton was bound by the acceptance of this bill of lading to the terms therein contained, there could be no recovery in this action. The plaintiffs claim, not in their own right, but through him, and are subject to any defense which would be available against him. (Hall v. R. R. Cos., 13 Wallace, 367.) Where the bill of lading contains a clause exempting the carrier from loss by fire, there is no liability for such a loss,…
2Cases cited5 opinions
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Long v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by37 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Anthony v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 1928
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