The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-14
Supreme Coart-specaai Term.
Before Hon. Judge Morris.

Supreme Court-Spociai Term.
Before Hon. Judge Morris.
LIABILITIES or ExPRnss COMPANIES AZ conxoN
CARRIEEs.
Fee. l3.-Heyman Hrsfdd and oshsrs o.. A.
Ada,rs f. Co. The plaintins are partners, msr.
chants, having q house ct New York and another al
San Francisco.
Tho defendants are partners transacting Express
business, the forwarding and care OF packages for
hire nom the city OF New York to San Francisco, in
California. The defendants do not own any Of the
means (vessels ard boats) Of transportation between
New York and San Francisco, neither are they in
any manner interested in them, or have they the
least management or control Of them, either in per.
con or by agents. The packages whii Ii the defend
ants expressed TO San Francisco, they have convey
ed in their own Eame from place to place in the
vessels and coaveyances owned by others, plying
upon the route between the two cities, used In con-
day Of August. 1850, delivered to the defendants
two trunks containing clothing, worth 81 .025 9lOO
to be % warded and transported by the defendants
pla s = n,s % be so % M for p Ssinsss, s sDa e su sss Of , ae.
count. The trunks we're properly protected with
canvass. The plaintiffs paid to the defendants t2l9
% compensation for forwarding and Transporting
the trunks and the money, gave the plaintiffs the
GLOWING receipt
ADAMS 4 Co. Is NEw York AND CALyoRsAl
pAGKAdE Exrnsss:@Neg York Aug. %, 1850
good order, to be transported by our express, the follow
ing articles, marked as below, which we promise to for.
to Mr.. Burnett, ct San Francisco. It Is agreed, and il
part of the consideration OF this contract, that We ara
the dangers Of ocean or river navigation leakage, Ore,
or from any cause whatever, unless the same be proved
to have occurred from the fraud or gross negligence Of
to DO made liable beyord our route as herein r~eceipted,
value under 500. unless otherwise herein stated.
Freight. paid here 1919 Unmarked [Nal, +SoSl Pack.
agcs-two trunks. San Francisco. For Adams d Co.
COBB.
The defendants shipped the trunks on board one
Of the steamers plying between New York and
them. The trunks arriving safely ct Chagres. On
the oh OF September, 1850, The defendants shipped
these trunks In their own name, paying freight for
for Cruces, on the route TO San Francisco, whi,h
was the usual conveyance. The boat arrived safely
ats point upon the Chagres river below the town Of
i xss@0: 4s 3. n III evening won ass & s sos L. assA r T. s%s .,s ,'sis:
rapidly. Capt. Angels deemed IL imprudent {, pro.
coed, and made the boat fast ct the bank Of the
river. At l O'Clock. on the morning Of the 18th Of
Ing, owing 70 the springing ofa plank, pr duced by
the pressure Of the current and the Drift wood pass
ing down the river, and mot by any i1su1iciency Of
crew made every effort to prevent the boat sinking;
but the pressure of tho current caused the boat 20
careen and abe sunk. Captain and crew exerted
themselves 70 ave the cargo; they got much Of it on
then tho crew deserted. Tie master OF the boat
r~eshipped to Chagres the trunks in question, aud
other packages saved from the fstboat. On
upon three respectable merchants Of Oh agres to sur
vey the packages saved from the q atboat, and among
them the trunks in question. The surveyors con-
sidefed the franks in question and their contents as
beng damaged and understandable. They sigued
Q certificate to that effect, advising that they should
be sold. The conduc. Of the captain and the survey
ORB was honest. On the 2lst Of Septsmber, 1850,
Angels at public auction, and were purchased by
w. Porter, the highest bidder, for $3.50. The slm
($350) was afterwards RENTED to the defendants at
New York, and was received by them. The goods
from the two trunks were ssnt by Mr.. Porter TO San
Francisco, and sold by him for 81. 900. There vas
asemim monthly means OF transportation from Cha
Ries TO San Francisco. The goods were never for.
warded to Mr.. Burnett. There was q semi monthly
means Of communication between Chagres aud New
York. The plaintiffs were no! notified Of the a,ci-
dent or OF the sale. The Defendants have offered
Judgment for $3.50 76, being, te amount for WATCH
the trunks and goods sold a. Coagres, and the
amount OF freight paid In advance aud Interest on
both sums. There Is no preten q tnst fraud has
been committed by the deendsnts or their agents,
OK tnat cefendants or tieir agents kne V OF the ac:l-
dent or cf the sale, until informed Of both, At New
York. by the receipt of the amount Of sale traus-
mitted to them.
MoRRIs, Jusice-The defendants In this case,
not being owners Of or Interested In the vessels ADD
beats in which these trunks vera to De conveyed
between New York ard San Ffsncisco, we're not
common carriers, and are not liable as sucs,
The defendants are bailees for hire to recsiye these
trunks at, and to for ward them from aud to, place
to place. to destination, BY the ordinary and ap.
proved means Of conveyance, and lad Q legal right
to define the extent Of their liability.
By the contract In this case defendants obligated
Themselves to deliver thu trunks and contents speci.
fled to Mr.. Burnett, at San Ffancisco. They we're
not to be liable " for any Loss or damage arising
fpcrn 1yr ocxu of fNa Coaau N rivor uavtnotsnn Iaak
spe, fire, CT from any cause whatever, unless the
same be proved to have occurred from the fraud or
gross negligence Of the defendants, their agents or
Rrvants."
In this case 4; is established that up TO the time
when Captain Angels and bis crew recovered the
trunks from the Eubken hitb0at and placed them
upon the bsnk of the River Casgres, there had been
no fraud or gross negligence BY the defendants or
their aseEt- onsequently, the defendants are rot
liable fcr any damage that had occurred up - Tat
period.
ing to the spirit and letter Of the defendants agree
mfnt with the plaintiffs under the facts proved, they
or their agents were guilty OF gross negligence in
not delivering the trunks end con.snts In their
damaged condition TO Mr.. Burnett. ut San Fr3ncisc,.
The deeerdants' contr act mnst bs construed with
reference to tho rights and ohligstions OF other per.
sons engaged in the t.ans cottAtGon OF tbsse trunks
to end with the plaintiffs
Capt. Angels, Of the aa.boas on the river Chsgres,
IVES q common carrier, and during the time he was
In possfesicn o. the goods was reIponsi0le 10 the
plhinflns 70 the fli value OF the trunks AID con
tenfs-$2. OBS 09-f0f TIE faithful performance oil
bis duty, ard as an insurer, and for all his legal La
billy a. common carrier; and he has q right, for the
purpose Of saving himself harmless Of legal respon-
bilty, to do with these trunks and conH nts whaS
ever the law under similar circumstances authorized
common carriers 70 do; ard the defendants, under
the authority contained In their agreement, had no
power TO prevent II.
In addition TO this. The defendants and their
agents had no knowledge Of VIVA. Capt. Angels was
doing.
The first information they received upon that sub
jsct was after he bad sold the trunks and goods.
fbe defendants, therefore, have not been guilty Of
reglgerce.
There must be judgment for plaintiffs for <507 rs,
being the amount for which the defendants offered
that plaintiffs might take Judgment, (snd which Of