Eytinge & Co. v. Atlantic Transport Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The Atlantic Transport Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff rendered by direction of the court after a trial at the New York Trial Term in October, 1913
1Opinion of the Court
Scott, J.:
The plaintiff sues for damages for the breach by defendant of its contract of baihnent evidenced by two bills of lading issued by said defendant. The exceptions are to the exclusion of evidence offered by defendant, and in stating the facts upon which the question of defendant’s liability turns, it will be assumed that the evidence offered and excluded would have established the facts to prove which it was so offered.
Plaintiff is a corporation doing business in the city of New York engaged in the business of forwarding goods to England for delivery there to consignees designated by…
2Cases cited2 opinions
- Mullins v. . ChickeringNew York Court of Appeals · 1888
- Valentine v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by6 opinions
- Salant v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Miller v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Broeniman Co. v. Liberty Export & Import Corp.Appellate Terms of the Supreme Court of New York · 1922
- J. Aron & Co. v. SillsAppellate Division of the Supreme Court of the State of New York · 1923
- Martorana v. Baltimore & Ohio RailroadCity of New York Municipal Court · 1915
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