Lyman S. Sprague, Survivor, etc., Respondent, v. The New York Central Railroad Company, Appellant

Lyman S. Sprague, Survivor, etc., Respondent, v. The New York Central Railroad Company, Appellant. (Argued February 11, 1873; decided February 18, 1873.) . This was an action to recover for injuries to goods delivered "by plaintiff’s firm, to defendant, at Fonda, N". Y., to "be transported to Albany, consigned to the American Express Company. The goods were delayed on the route. The agent of the Express Company called several times for them, and then left with defendant’s freight agent, as a memorandum, the order for their delivery. The goods after their arrival were placed in defendant’s freight-house, near the Hudson river. No notice of their arrival was given to the Express Company. Three days after their arrival a, heavy freshet occurred in the river, which overflowed the freight-house, and did the injury complained of. Held, that it was the duty of defendants to give notice of the arrival of the goods, and having failed to do so, its liability as common carrier continued and it was liable. George IP". Miller for the appellant. James M. Dudley for the respondent. [MAJORITY — Allen, J.,] Allen, J., reads for affirmance. All concur. Judgment affirmed.