Legal Opinion

Cascarelli v. New York Central Railroad

Michigan Supreme Court

Decided July 18, 1918No. Docket No. 96PublishedCited by 4 opinions

Error to Hillsdale; Chester, J. Case by Peter Cascarelli against the New York Central Railroad Company for damages to bananas in transit. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtKuhn, J.

In this case plaintiff seeks recovery for damages to a shipment of bananas, which it is claimed resulted from the failure of the defendant carrier to promptly notify the plaintiff, the consignee, that the car of bananas had arrived and had been placed on the team track for unloading, so that the plaintiff might have unloaded the car on the night of its arrival instead of the following morning. The case was tried by the circuit judge without a jury and resulted in a judgment being rendered in plaintiff’s favor for $384.68. It is now brought here by writ of error issued prior to the taking…

2Cases cited2 opinions

  1. Federal Audit Co. v. SawyerMichigan Supreme Court · 1917
  2. Walker v. Village of BrooklynMichigan Supreme Court · 1915

3Cited by4 opinions

  1. Messer v. DornbosMichigan Supreme Court · 1920
  2. Gervickes v. Royal Exchange Assurance Co.Michigan Supreme Court · 1923
  3. Murphy v. BonewellMichigan Supreme Court · 1922
  4. Jackson v. Continental InsuranceMichigan Supreme Court · 1920

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