Lakeman v. Grinnell
The Superior Court of New York City
Action to recover from the defendants, as common carriers, the value of goods destroyed by fire, after delivery to the defendants for carriage. The plain tiffs purchased at New Haven, Connecticut, a quantity of India rubber slippers and sandals to be shipped to them at Liverpool, in England, the vendor to deliver them on ship board at the city of New York.
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Action to recover from the defendants, as common carriers, the value of goods destroyed by fire, after delivery to the defendants for carriage. The plain tiffs purchased at New Haven, Connecticut, a quantity of India rubber slippers and sandals to be shipped to them at Liverpool, in England, the vendor to deliver them on ship board at the city of New York. The vendor forwarded the goods to New York, addressed to the plaintiffs at Liverpool, and his agents delivered them on board the ship Henry Clay, belonging to the defendants, then bound for Liverpool, and the same were shipped on the 3d and…
1Opinion of the CourtSlosson, J.
1. There is no question on the authorities but that the common carrier who has received goods for transportation "and has actually performed the journey or voyage, is, in case of non-delivery of the goods, unless the failure to deliver is excused by the act of God, or perils of the sea, liable, as a general rule, for the value or price which they would have brought at the port or place of destination, if they had been delivered according to the contract.
The defendants’ counsel, however, insists that it would be unreasonable to adopt the valuation at the place of destination, when the goods…
2Cases cited5 opinions
- The Amiable NancySupreme Court of the United States · 1818
- Bridge v. AustinMassachusetts Supreme Judicial Court · 1808
- Richmond v. BronsonNew York Supreme Court · 1847
- Smith v. RichardsonNew York Supreme Court · 1805
- Gillingham v. DempseySupreme Court of Pennsylvania · 1824
3Cited by2 opinions
- Black v. Camden & Amboy Railroad & Transportation Co.New York Supreme Court · 1865
- Gilbert v. New York Central & Hudson River RailroadNew York Supreme Court · 1875