Wibert v. New York & Erie Rail Road
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendant for negligence in not delivering a quantity of butter, in the city of New York, in a reasonable time,'by reason whereof the plaintiffs alleged they sustained damage, and lost great gains, which they would otherwise have made by the sale of the butter.
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APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendant for negligence in not delivering a quantity of butter, in the city of New York, in a reasonable time,'by reason whereof the plaintiffs alleged they sustained damage, and lost great gains, which they would otherwise have made by the sale of the butter. The butter was delivered at Buffalo, to the Buffalo and New York City Bail Boad Company, to be carried over it to Hornellsville, and thence over the defendant’s road to the city of New York, for the plaintiffs, on the 18th day of January,…
1Opinion of the Court
By the Court,
Marvin, P. J.
Assuming that the defendant failed to transport the butter to New York within a reasonable time, and that it was, in this respect, guilty of negligence, what is the measure of damages 1 Can the plaintiffs recover, as damages, the difference between the price of the butter at the time it should have been delivered in New York, and its price at the time it was delivered ? Is this difference in price the true measure of damages ?
The contract between the parties, as implied by law, was undoubtedly that the defendant should use due diligence, and deliver the butter within…
2Cases cited11 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Parsons v. HardyNew York Supreme Court · 1835
- Bennett v. Lockwood & CarterNew York Supreme Court · 1838
- Herrick v. StoverNew York Supreme Court · 1830
- Dorwin v. PotterNew York Supreme Court · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Pittsburgh, Cincinnati & St. Louis R. W. Co. v. MortonIndiana Supreme Court · 1877
- Ballentine v. North Missouri RailroadSupreme Court of Missouri · 1867
- Conger v. Hudson River RailroadThe Superior Court of New York City · 1857
18 more not listed; retrieve them via the Exa API.