Dorr v. . New Jersey Steam Navigation Company
New York Court of Appeals
Action commenced in the supreme court, prior to July, 1848. The declaration averred that the defendant was a common carrier of merchandise for hire, between the city of New-York and Stonington in the state of Connecticut, and that the plaintiffs, at the former place, delivered to the defendant as such carrier, and the latter as such received from them two cases of merchandise of the value of $3500, to be safely carried by the defendant to and delivered at Stonington, for a…
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Action commenced in the supreme court, prior to July, 1848. The declaration averred that the defendant was a common carrier of merchandise for hire, between the city of New-York and Stonington in the state of Connecticut, and that the plaintiffs, at the former place, delivered to the defendant as such carrier, and the latter as such received from them two cases of merchandise of the value of $3500, to be safely carried by the defendant to and delivered at Stonington, for a reasonable reward to be paid therefor; yet that the defendant did not safely carry the merchandise and deliver the same…
1Opinion of the CourtParker, J.
The courts of this state have steadily adhered to the common law rule, that a common carrier cannot screen himself from liability by notice, whether brought home to the owner or not. Since the very full and learned discussion of that question in Hollister v. Nowlen, (19 Wend. 234,) and Cole v. Goodwin, (Id. 251,) it has been regarded as settled upon, mature deliberation, and the conclusion arrived at in those cases has been uniformly acquiesced in and followed. (Camden Co. v. Belknap, 21 Wend. 354; Clark v. Faxton, Id. 153; Alexander v. Greene, 3 Hill, 9 ; 7 id. 533; Powell v. Myers, 26 Wend.…
2Cases cited5 opinions
- Bank of Orange v. BrownNew York Supreme Court · 1829
- Beckman v. ShouseSupreme Court of Pennsylvania · 1835
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Camden & Amboy Railroad & Transportation Co. v. BelknapNew York Supreme Court · 1839
- Bingham v. RogersSupreme Court of Pennsylvania · 1843
3Cited by37 opinions
- F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Kirkland v. . DinsmoreNew York Court of Appeals · 1875
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Wheeler v. Oceanic Steam Navigation Co.New York Court of Appeals · 1891
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