The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-18
Important 60 Carriers.
81 rBzMB covRT-crRoUIT.
Before Jusre Davies, withou, a jiry

Before Juege Davies, without Jiry.
sr7. .-Edpard Hnpsead Neg Fork Central
Ralroad c,mpury -Tiis case vas argued before The
Court without jury rks defendants arc railroad cor.
poraon engaged lr The rsnspcraron OF passengers and
freight 70 and frtm Albany and Bcnslo tbsse being tho
ermiD Of their road On lsts Of February, 1885, the
plsrun and his sgBor delivered st Detroit Michigan
70 The Union Express Company Ian association formed for
the purpose OF taking charge packages and forwarding
he 70 such points dcsreo) "3i9 kegs and 10
res o. butter, 70 bs Forwarded 10 Drling, Mbcrsoa
Ro~c Front street, Nov York; butter marked A. r., II
water street, New York" On the 2ah Feb, 1885, The
Union Express Company delivered the q: wlBdsor
Canada west, 70 the Great Western Railroad Com
psny, line Of railroad engaged In The iransports
the Suspension Bridge d Niagara Falls TIE Great
western rpnsyorsed the 70 Niagara Falls and ON
the "a of March less, delivered The tho defcsd
ans The defendants transported the N ne Over tae,,
road and the 9th Of said March delivered the same 10
re Hudson River Railroad Company. Tbs later comps
did not deliver ls2 kegs and the ID barrels mo oou
ssnecs, Dazzling AIbersson 4 Ross,
DAv,, Justce-Tn the sbscnce OF any special contrast,
that which the law implies sad creates By The DEL rery 70
the defendants ana receipts BY ihcm Of the psiniTs
road ana a. ssrnir s.cu deliver 10 rods "a o,neo
tent csrrlsr 70 continue The sans oraiion The rule
thus lad down y resued ~ The case o. Van.
this STATE ses he ressrdei The sei,lsd Law o. this
State thsncelor wsvortb IN his oploon LAYS DO N Tho
II.
peoted ibei the carriers would goods the
place where their Inc Terminated, sns send tsom tie
usus Tor ~arder from that place por the reasons
given by me In the OF Skinner against those sane
defsndsns az ~ the ncn tina; thsr wnole duty wac
discharged b. TIE transport Of tho gods fro one end or
TIER road 10 the other aEd the delivering Of The 70
competent carriers 70 forward 10 their ultimate osou
and ,hm having performed tsir thsy have discharged their
vhols dus 70 the defendants fhis In my Iudg rent n
tho extent ~ he dusie. which the hw imposes on them
oommcp carriers by the receipt OF Tho goods Niagara
Fab, from The ercsi Western Railway vhc, 10 making
such delivery may be rcgs ded the agents o. the plau
IN. Such would be their dutes-t mesn Ia
an ordinary Gaze. But seems 70 that
In the present case . element inscrvcues,
which gives and different character 10 the obligs
tors and duties Of the defendants BY the tevns az the
original rtcep, these goods d. veved by The pairuf
and bis 70 the Union Express Company, who AZ
sumcd the burhen ~ Forwarding them New York For
ibis duty they doubtless received compensation the de
PENDANTS had tpeois agreement With The Union Exrcss
Company IN reaion 10 I'll freight which ny mfM byiog
10 Niagara FALLS 70 be uan,poed the rod Of the de-
PENDANTS n The plaintiff he otntenis suercrased 70
The rights Of the Union Express Company, he oethuy has
greater rights than that compsny would have No-,h
II competent for carrier "a limit his oonmsn
law liability. (Dor Va steam Navigation COMPANY,
Keenan, ass nssppsreni, shnk, from me ssreemeai