Newman v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, John H. Newman, from a judgment of the Supreme Court in favor of the defendant, entered in the offic'e .of the clerk of the county of New York on the 31st day of January, 1898, upon the dismissal of the ■ complaint, by direction of the court after a.trial' at the New York Trial Term, and also from an order entered in said clerk’s office on the 31st day of January, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J. :
This action was brought to recover damages for injuries to a race horse, the property of the plaintiff; while such horse was in the custody of the defendant, a common carrier, and was being transported from Jersey City to Gloucester, in the State of New Jersey. At the time the horse was put upon the defendant’s car, a. receipt or bill of lading was handed to the plaintiff, by the terms of which the defendant was exempted from liability for injury to the animal, except such as should arise from gross negligence. One of the defenses is based upon the terms of that receipt, which…
2Cases cited2 opinions
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Woolsey v. Trustees of the Village of EllenvilleNew York Supreme Court · 1893
3Cited by3 opinions
- Scheu v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Blair v. New York University College of DentistryAppellate Division of the Supreme Court of the State of New York · 1961
- Roth v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944