Legal Opinion

Wetzell v. Dinsmore

New York Court of Common Pleas

Decided December 15, 1871Published

Appeal by defendants from a judgment entered on the decision of a judge at special term. The facts are stated in the opinion. On the trial the following opinion was delivered: Daly, Ch. J.—The complaint was against the defendants upon their common law liability. The defendants in their answer set up the receipt or hill of lading as the contract under which they agreed to transport the property.

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Appeal by defendants from a judgment entered on the decision of a judge at special term. The facts are stated in the opinion. On the trial the following opinion was delivered: Daly, Ch. J.—The complaint was against the defendants upon their common law liability. The defendants in their answer set up the receipt or hill of lading as the contract under which they agreed to transport the property. If the plaintiffs had proved orally the delivery of the goods to the defendants for carriage, I would be justified in finding that they took them subject to their extraordinary common law liability.…

1Opinion of the Court

By the Court.*—Bobinsoh, J.

—The contract of defendants (partly printed and partly written) as alleged in the answer, was produced on the trial by the plaintiffs and relied upon as the evidence of the defendants’ obligation. Eo question, therefore, can arise upon any other responsibility than *198what it imports, predicated upon the general liability of a. common carrier and his common law obligation, without further proof that the receipt or contract, made or delivered on his-part, was without notice to or assent by the owner to the special and limited obligations contained in covert conditions…

2Cases cited3 opinions

  1. Earle v. CadmusNew York Court of Common Pleas · 1867
  2. Moon v. ThompsonNew York Court of Common Pleas · 1867
  3. Woodruff v. Commercial Mutual InsuranceNew York Court of Common Pleas · 1857

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