Porter v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elmer G. Porter, from an order of the Supreme Court, made at the Seneca Special Term and entered in the office of the clerk of the county of Seneca on the 16th day of October, 1919, granting defendant’s motion for judgment upon the pleadings, and also from a judgment entered thereon in said clerk’s office on the same day.
1Opinion of the Court
Hubbs, J.:
This action was brought by the plaintiff against the defendant rai- road company to recover damages growing out of the misdelivery of a carload of apples. The plaintiff’s place of business is at Caywood, Seneca county, N. Y. On the 17th day of November, 1915, he ordered a car from the agent of the defendant to be placed at Romulus, N. Y., to be loaded with apples. The car was placed on November seventeenth and during that day was loaded. On the afternoon of that day the plaintiff telephoned to the railroad station agent at Romulus to ship the carload of apples to Bender, Streibig &…
2Cases cited3 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Dineen v. MayAppellate Division of the Supreme Court of the State of New York · 1912
- Wood v. MillerAppellate Terms of the Supreme Court of New York · 1912
3Cited by2 opinions
- Willson v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Rutland Railroad v. DoudFranklin County Court · 1929