11 Abb. Pr. 440 (N.Y. Ct. App. 1861)

A common carrier is not liable for damages resulting from defects in a vehicle selected by the shipper if the shipper had full knowledge of those defects; however, the carrier bears the burden of proving the shipper’s awareness of any non-obvious defects.

Summary

Dusenbury sued the Mutual Telegraph Company for damages to his cattle during transport, alleging the cars provided were unsuitable. The court addressed whether the carrier was liable for damages arising from defects in cars selected by the shipper, particularly concerning the shipper’s knowledge of those defects. The Court of Appeals held that while a carrier is generally not liable if the shipper knowingly selects defective vehicles, the carrier must prove the shipper’s knowledge of any non-obvious defects. The court affirmed the judgment for Dusenbury, finding the carrier failed to prove Dusenbury knew about all relevant defects in the cars.

Facts

Dusenbury contracted with the Mutual Telegraph Company (carrier) to transport his cattle. Dusenbury selected specific cars for the transport. The cattle were injured during transport due to low cross-pieces and projecting staples within the cars. Dusenbury claimed the cars were maladapted for transporting cattle, leading to the injuries. The carrier argued Dusenbury was aware of the car’s condition and selected them anyway.

Procedural History

Dusenbury sued the Mutual Telegraph Company in a lower court and won a judgment. The Mutual Telegraph Company appealed to the New York Court of Appeals, arguing errors in the trial judge’s jury instructions and refusals to charge. The Court of Appeals reviewed the exceptions taken at trial, focusing on the carrier’s responsibility for damages given Dusenbury’s selection of the cars.

Issue(s)

1. Whether a carrier is liable for damages to goods transported in a vehicle selected by the shipper, where the shipper had some knowledge of the vehicle’s defects?

2. What is the burden of proof regarding the shipper’s knowledge of the vehicle’s defects in such a case?

Holding

1. No, because the carrier is not liable if the shipper had full knowledge of the defects; however, if the shipper lacks full knowledge, the carrier can be held liable.

2. The burden is on the carrier to prove that the shipper was aware of the specific defects that caused the damage, especially if those defects were not open and obvious.

Court’s Reasoning

The court reasoned that while a shipper’s voluntary selection of a vehicle with known defects generally absolves the carrier of liability for damages arising from those defects, this principle does not apply if the shipper was unaware of critical defects. The court placed the burden on the carrier to demonstrate the shipper’s full awareness, stating, “I do hold, that if the vehicles selected have defects which are not pointed out, it is incumbent upon the company to prove affirmatively that they were open, visible and apparent.” The court distinguished between the low cross-pieces, which were likely obvious to Dusenbury, and the projecting staples inside the cars, which were not. Because the carrier failed to prove Dusenbury knew about the staples, they could not escape liability for the damages they caused. The court emphasized the carrier’s superior knowledge, stating the company’s agents “are, or must be presumed to be, familiar with the condition, capacity and quality of their vehicles; while a stranger, called upon to make a selection, without any previous knowledge, would be very liable to overlook many defects.” The court upheld the jury instruction that the carrier was liable if the cars were unsuitable due to defects the shipper could not reasonably have known about. The court also noted the plaintiffs weren’t negligent just because they selected the cars, especially considering the potential damages for delaying the shipment.