3 Va. 239
Decided February 15, 1813
Supreme Court of Virginia · decided 1813-02-15
IN an action on the case against the appellee as a com-in on carrier, employed to bring ten hogsheads of tobacco by water from Tye River warehouse in Amherst county to the city of Richmond, for negligently ducking and , thereoy damaging sundry of said hogsheads; on the trial of the cause, the plaintiff’s counsel moved the Court to instruct the jury, “ that a common carrier is liable for all accidents to goods, entrusted to him for transportation except such as arise from the…
Decided 1813-02-15
¶1the president delivered the Court’s opinion, that the judgment was erroneous, 61 in this, that the judge of the Court below refused t© *243give the instruction to the jury, required by the counsel for the plaintiffs, in the bill of exceptions mentioned,” and also erred in the instruction he actually gave.
¶2Judgment reversed ; verdict set aside, and a new trial directed; “ on which trial no such instruction as the latter is to be given to the jury.”