Fish v. Seaboard Air Line Railway
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, entered against the plaintiff after a trial before the court and a jury.
1Opinion of the CourtWhitaker, J.
The defendant is a railway corporation. The action was brought to recover for damages to a part of a shipment of celery contained in three refrigerator cars which were loaded with the celery at Sarasota, Fla., on or about April 16, 1914, and delivered by the railroad company at Jersey City, N. J., on or about April 19, 1914. The jury rendered a verdict in favor of defendant.
The appellant urges several grounds for reversal of the judgment. The chief ground is that the defendant was practically an insurer of the safety of the goods and that having received them in good it was required to…
2Cases cited4 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- Philadelphia, Baltimore & Washington Railroad v. DiffendalCourt of Appeals of Maryland · 1909
- Pennsylvania Railroad v. ClarkCourt of Appeals of Maryland · 1912
3Cited by1 opinion
- Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933