64 Barb. 379 | N.Y. Sup. Ct. | 1872
The findings of the referee upon the facts make out a clear case of negligence against the defendant, in the transportation and delivery of the property in question. The referee finds that the contract for the shipment of the goods was orally made by the plaintiffs with the agent of the defendant, at Clyde in this State, on the 24th of January, 1865, and the goods delivered to and received by the defendant’s agent on that day, and the price for their transportation to Albany and part to New York then paid; and that the said goods were forwarded east on the same day, and the same did not arrive in Albany till the 27th day of February, thereafter. That from the 24th day of January, to February 10th or 15th, freight cars were running over the defendant’s road with ordinary regularity, and that the usual time required by the defendant to transport freight from Clyde to Albany, over its road, was 48 hours, and to New York city about three days. The evidence fully warrants the finding of the referee that the failure of the defendant to deliver said freight within a reasonable time after its receipt was the result of the negligence of the defendant, and its agents. If the defendant is responsible for negligence in the transportation and delivery of said property, there is no ground for the reversal of the findings of the referee upon the facts or the law, or of the judgment rendered by him. The defendant claims exemption from liability for the loss sustained by the plaintiffs,
The judgment should therefore be affirmed.