Cohen v. Frost
The Superior Court of New York City
Case on a verdict subject to the opinion of the court at General Term, The action was against the defendants, as the owners of the ship Princeton, a ship employed in the carriage of passengers and freight between the ports of Liverpool and New York, and was brought to recover the value of a trunk and its contents, the property of the plaintiff, which it was alleged,'through the negligence of the defendants, were stolen and lost on the pas» sage of the ship from Liverpool to…
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Case on a verdict subject to the opinion of the court at General Term, The action was against the defendants, as the owners of the ship Princeton, a ship employed in the carriage of passengers and freight between the ports of Liverpool and New York, and was brought to recover the value of a trunk and its contents, the property of the plaintiff, which it was alleged,'through the negligence of the defendants, were stolen and lost on the pas» sage of the ship from Liverpool to this port. The answer denied that the trunk was in the possession or under the control of the defendants on the voyage,…
1Opinion of the Court
By the Court. Oakley, Ch. J.
We are all of opinion that, upon the evidence before us, the plaintiff cannot be permitted to recover. The ground of our decision is, that the trunk was never placed in the charge or custody of the defendants, as common carriers. It was in the exclusive possession and custody of the plaintiff himself, when the voyage commenced, and so remained at the time of the loss. He took it with him into the steerage, placed it under his bed, and fastened it with ropes to his berth ; all his conduct in relation to it plainly showing that he relied upon his own care and…
2Cited by8 opinions
- Knieriem v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Minor v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1865
- Defrier v. The NicaraguaDistrict Court, S.D. Alabama · 1897
- Wilkins v. EarleThe Superior Court of New York City · 1865
- Borden v. New York Central RailroadCity of New York Municipal Court · 1917
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