Sherman v. . Hudson River Railroad Co.
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas in and for the city and county of Hew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 5 Daly, 521.) This action was brought against defendant as common carrier to recover damages for alleged negligence and delay in the delivery of thirteen bales of cotton.
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Appeal from judgment of the Court of Common Pleas in and for the city and county of Hew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 5 Daly, 521.) This action was brought against defendant as common carrier to recover damages for alleged negligence and delay in the delivery of thirteen bales of cotton. The referee found, in substance, that plaintiff’s agents at Cairo, Illinois, shipped the cotton by the Illinois Central Railroad, consigned to an agent of a connecting line at Chicago, to be forwarded to Hew York. That the bales, at…
1Opinion of the CourtEarl, J.
The cotton was shipped from Cairo, consigned to “Byron Sherman, 41 Warren street, Rew York.” The thirteen bales were all marked with the capital letters, “ F. B.,” in a diamond figure; and these marks as well as the direction to the consignees were upon the shipping bill issued at Cairo, and forwarded to and received by the plaintiffs in due course of mail. The cotton reached Albany by the Rew York Central railroad, and by its agents was delivered to the defendant to be transported to Rew York and delivered to the consignees. Upon delivering to the defendant, the agents of the Rew York…
2Cases cited2 opinions
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Zinn v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
3Cited by24 opinions
- B'd of Com'rs of Excise, Etc. v. . MerchantNew York Court of Appeals · 1886
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- In Re the Judicial Settlement by ClarkNew York Court of Appeals · 1890
- Brown v. WeirAppellate Division of the Supreme Court of the State of New York · 1904
- Katz v. ClevelandAppellate Terms of the Supreme Court of New York · 1905
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