Legal Opinion

Fish v. Erie Railroad

Appellate Terms of the Supreme Court of New York

Decided January 15, 1916Published

Appeal by defendant from judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, entered on verdict in favor of plaintiff, and from order denying motion for a new trial.

1Opinion of the CourtGuy, J.

Plaintiff has recovered a judgment against defendant carrier of goods for damages to two shipments of celery, and defendant appeals.

The celery was shipped in two refrigerator cars in February, 1914, and plaintiff claimed that the first' shipment, in car -62041, -was delivered to defendant at Elmira, N. Y., on February fourteenth. The second shipment, in car 62106, was made at the same place February 20, 1914. Car 62041, the first shipment, arrived at Jersey City February eighteenth, four days after its alleged delivery to the defendant; the other shipment reached Jersey City on the day…

2Cases cited6 opinions

  1. Talbot v. . LaubheimNew York Court of Appeals · 1907
  2. Weibert v. . HananNew York Court of Appeals · 1911
  3. Cormack v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1909
  4. Becker v. Pennysylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  5. Wing v. New York & Erie R. R.New York Court of Common Pleas · 1856

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