Mairs v. . Baltimore Ohio R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1902, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1902, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants, common carriers, were guilty of a violation of a duty imposed by statute when they delivered merchandise for which a bill of lading had been issued not bearing upon its face the words “ nonnegotiable” without demanding the surrender and cancellation of such…
1Opinion of the CourtHaight, J.
This action was brought to recover damages which the plaintiff is alleged to have sustained by reason of the delivery by the defendants to the consignee of a quantity of corn meal without the surrender of the bill of lading under which the meal had been shipped.
On the 22d day of December, 1896, there were delivered to the ¡Norfolk & Western ¡Railroad Company at Circleville, Ohio, two hundred barrels of Sagamore corn meal, consigned to one James S. Day, of Hew York city, on which the company issued a non-negotiable bill of lading, but without the words “ not negotiable ” written upon its face.…
2Cases cited1 opinion
- Gordon v. . HostetterNew York Court of Appeals · 1867
3Cited by20 opinions
- Saugerties Bank v. . Delaware Hudson Co.New York Court of Appeals · 1923
- Beth Israel Medical Center v. SmithDistrict Court, S.D. New York · 1983
- Shields v. BoolesCourt of Appeals of Kentucky (pre-1976) · 1931
- American Surety Co. v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1944
- People ex rel. Childs v. KnottAppellate Division of the Supreme Court of the State of New York · 1919
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