Kent v. Hudson River Rail Road
New York Supreme Court
MOTION by the defendants for a new trial, upon a case. The action was commenced against the defendants as common carriers, and the complaint contained three counts. 1. For injuries resulting from a delay in transporting over the defendants’ rail road from Albany to New York, eighty sheep, by which delay the sheep were injured and the plaintiff sustained damage by a decline in the market. 2. For damages by reason of unreasonable delay in the transportation of 182 sheep pelts…
Read the full summary
MOTION by the defendants for a new trial, upon a case. The action was commenced against the defendants as common carriers, and the complaint contained three counts. 1. For injuries resulting from a delay in transporting over the defendants’ rail road from Albany to New York, eighty sheep, by which delay the sheep were injured and the plaintiff sustained damage by a decline in the market. 2. For damages by reason of unreasonable delay in the transportation of 182 sheep pelts from New York to Albany, by reason of which delay the pelts heated, rotted and were rendered valueless. 3. For delay in…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Two questions are presented for the decision of the court, on the motion for a new trial in this case. 1st. Is the judgment recovered before the justice of the peace in the city of Hew York, a bar to the plaintiff’s recovery in this action 1 2d. Was the decline in the market price of the sheep, between the time they should have arrived in Hew York and the time when they did arrive, a proper measure of damages. On the first point, the judge advised the jury that the judgment recovered in the justice’s court in the city of .Hew York, by the defendants, in the…
2Cases cited6 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Dey v. DoxNew York Supreme Court · 1832
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Kennedy v. StrongNew York Supreme Court · 1817
- Bracket v. M'NairNew York Supreme Court · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. WisehartIndiana Supreme Court · 1903
- Jones v. New York & Erie Rail RoadNew York Supreme Court · 1859
- Peet v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1866
8 more not listed; retrieve them via the Exa API.