D'Utassy v. Southern Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Southern Pacific Company, from a judgment of the Supreme Court in favor of - the plaintiff, entered in the office of the clerk of the county of New York on the '24th day of June, 1915, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 25th day of June, 1915, denying defendant’s motion for a-new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
There is no controverted question of fact in the case, and but a single question of law. The action is upon a bill of lading issued by defendant; plaintiff, as assignee, suing to recover the value of a shipment of cotton destroyed by fire at Houston, Tex. The following are the conceded facts.
On February 3, 1912, at El Centro, Cal., the firm of Daly Brothers & Gage delivered to defendant, a common carrier, forty-five bales of cotton for transportation to New Orleans. The bill of lading was in what is known as the uniform form and on its face provided for absolute liability on the…
2Cases cited2 opinions
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- Delaware, Lackawanna & Western Railroad v. United StatesSupreme Court of the United States · 1913
3Cited by2 opinions
- Hogan Transfer & Storage Corp. v. WaymireIndiana Court of Appeals · 1980
- Siebert v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1919