Wien v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order and determination of the Appellate Term of the. Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on or about the 14th day of April, 1914, reversing a judgment of the Municipal Court of the City of New York, borough of Manhattan, first district, in favor of defendant, and granting a new trial.
1Opinion of the Court
.Lattghlin, J.:
As I view the case it is unnecessary to decide whether the defendant would have been liable for failing to procure the *768return of the goods if plaintiff had left the matter in its hands on its agent’s undertaking or promise. The decision of that question would depend upon whether the negotiations constituted a new and valid contract as a carrier for the transportation of the goods back to the point from which they had been shipped, or only a contract for forwarding them (See Gulf, Colorado & Santa Fé R. Co. v. Texas, 204 U. S. 403), or merely an agreement to transmit further…
2Cases cited12 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Norfolk & Western Railway Co. v. Stuart's Draft Milling Co.Supreme Court of Virginia · 1909
- Weed v. . BarneyNew York Court of Appeals · 1871
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3Cited by7 opinions
- Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Porter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Louisville N. R. Co. v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1923
- Schlitten v. HinesAppellate Division of the Supreme Court of the State of New York · 1921
2 more not listed; retrieve them via the Exa API.