Legal Opinion

Brewster v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1911PublishedCited by 2 opinions

Appeal by the defendant, The New York Central and Hudson River Railroad Company, from á judgment of the County Court of Schenectady county in favor of the plaintiff, entered in the office of the clerk of said county on the 4th day of February, 1910, upon the decision of the court rendered after a trial before the court without a jury.

1Opinion of the Court

The following is the opinion of the county judge:

Whitmyer, J. :

The plaintiff recovered judgment in the City Court of the city of Schenectady for damages for the breaking of a piece of of plate glass, alleged to. have been caused by the negligence of defendant as a carrier. The glass was shipped by Sutphen <⅛ Myer, at New York city, to plaintiff at Schenectady, N. Y., via defendant’s railroad. The case is here for a new trial.

The contract of shipment was set forth in a bill of lading, which contained a condition to the effect that defendant should not be liable for damage to the glass by…

2Cases cited4 opinions

  1. Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
  2. Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
  3. Canfield v. . Baltimore Ohio R.R. Co.New York Court of Appeals · 1883
  4. Rieser v. Metropolitan Express Co.Appellate Terms of the Supreme Court of New York · 1904

3Cited by2 opinions

  1. Rapp v. Washington Storage Warehouse & Van Co.City of New York Municipal Court · 1911
  2. Lynch v. New York Central & Hudson River Railroad, New York County Courts1915

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