Legal Opinion
Hutkoff v. Pennsylvania Railroad
City of New York Municipal Court
Decided November 15, 1899Published
Appeal from a judgment entered on a verdict in favor of plaintiff and from an order denying a motion for new trial.
1Opinion of the Court
Fitzsimoes, Oh. J.
The action was to recover the value of a case of plate glass shipped to the plaintiff over the defendant’s road from Creighton, Pennsylvania, to New York city, about August 19, 1895.
The glass contained in the case was found, upon its arrival, to be shattered and totally valueless. The evidence clearly showed that the glass was in good condition when it was placed in the defendant’s charge, and that the breakage must have occurred while it was in its custody. The provision in the bill of lading that the carrier shall not be liable for any loss or damage by breakage, does not…
2Cases cited3 opinions
- Canfield v. . Baltimore Ohio R.R. Co.New York Court of Appeals · 1883
- Campe v. WeirAppellate Terms of the Supreme Court of New York · 1899
- Trimble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899