Legal Opinion

Anthony & Jones Co. v. New York Central & Hudson River Railroad

New York Court of Appeals

Decided February 26, 1918PublishedCited by 6 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was in duty bound to transfer to the Delaware, Lackawanna and Western railroad yards car M. D. T. 11,023 within a reasonable time after it had received notice from the plaintiff to do so, and if any unreasonable and unnecessary delay occurred in the transfer of said; car the defendant' is liable for…

1Opinion of the CourtCollin, J.

The action is to recover the damages sustained by plaintiff, a corporation, through the refusal of defendant, a railroad corporation, to transfer cars from its track to the freight yard of the Delaware, Lackawanna and Western Eailroad Company at Utica, New York. The judgment consequent upon the verdict of the jury at Trial Term in favor of the plaintiff was unanimously affirmed by the Appellate Division.

The complaint alleges and the recovery of plaintiff was upon three similar causes of action. The questions for our determination are correctly and adequately presented by the facts proven for…

2Cases cited16 opinions

  1. Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
  2. Central Stock Yards Co. v. Louisville & Nashville Railway Co.Supreme Court of the United States · 1904
  3. Louisville & Nashville Railroad v. West Coast Naval Stores Co.Supreme Court of the United States · 1905
  4. Pittsburgh, Cincinnati & St. Louis R. W. Co. v. MortonIndiana Supreme Court · 1877
  5. Lewis v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1914

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3Cited by6 opinions

  1. Palmer v. Agwilines, Inc.Court of Appeals for the Second Circuit · 1943
  2. Chief Freight Lines Co. v. Holiday Inns of America, Inc.Court of Appeals of Texas · 1971
  3. Continental Tanners, Inc. v. Gonic Footwear, Inc.Supreme Court of New Hampshire · 1965
  4. Houston & T. C. R. Co. v. SmithCourt of Appeals of Texas · 1924
  5. American Trucking Co. v. Iowa Beef Processors, Inc.Court of Appeals of Texas · 1980

1 more not listed; retrieve them via the Exa API.

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