Balice v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie Railroad Company, from a judgment of the Supreme Court, in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 6th day of June, 1923, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
The action was brought to recover SI,435 alleged damages suffered by the plaintiffs by reason of the negligent failure of the defendant to safely store a quantity of Zinfandel grapes belonging to the plaintiffs and which had been received over the defendant’s railroad and were contained in a freight car in the defendant’s yard in Jersey City. The defendant was paid the freight charges for transportation of the grapes and had also been paid demurrage *428charges thereon following the forty-eight-hour free period after the grapes arrived and while they remained in the car in defendant’s…
2Cases cited5 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Stewart v. . StoneNew York Court of Appeals · 1891
- Wilson v. ChristalAppellate Division of the Supreme Court of the State of New York · 1919
- Herman v. New England Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- England v. Lyon Fireproof Storage Co.California Court of Appeal · 1928
- Sun Yau Ko v. Lincoln Savings BankAppellate Division of the Supreme Court of the State of New York · 1984
- Sun Yau Ko v. Lincoln Savings BankAppellate Division of the Supreme Court of the State of New York · 1984