Bers v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 31, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in holding that private or other sidings comprehend all sidings.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 31, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in holding that private or other sidings comprehend all sidings. (Duanesburgh v. Jenkins, 40 Barb. 584; Matter of Hermance, 71 N. Y. 481; Allam v. Penn. R. R. Co., 183 Penn. St. 174; Bainbridge Grocery Co. v. Atlantic Coast Line, 8 Ga.…
1Opinion of the CourtPound, J.
This action is to recover damages for the loss of merchandise delivered to defendant for transportation from Passaic, N. J., to New York city.' It involves the proper construction of the latter portion of section 5, paragraph 3, of Uniform Bill of Lading which reads as follows:
“ Property destined to or taken from a station, wharf, or landing at which there is no regularly appointed agent shall be entirely at risk of owner after unloaded from oars or. vessels, or until loaded into cars or vessels, and when received from or delivered on private or other sidings, wharves, or landing- shall be at…
2Cases cited3 opinions
- Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
- N.Y.C. H.R.R.R. Co. v. . General El. Co.New York Court of Appeals · 1916
- Jolly v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1913
3Cited by18 opinions
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
- The PoznanDistrict Court, S.D. New York · 1921
- Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
- Krulewitch v. National Importing & Trading Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Yazoo & Mississippi Valley Railroad v. Nichols & Co.Supreme Court of the United States · 1921
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