Rosenfeld v. Central Vermont Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Central Vermont Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 15th day of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15tli day of December, 1904, denying the defendant’s motion for a new trial made upon the-minutes.
1Opinion of the Court
Miller, J.:
The plaintiff has recovered a judgment for the failure of the defendant, a common carrier, to deliver a'case of goods to the consignee at the' point of destination, and the appellant insists that although timely objection was made a recovery was allowed to its prejudice upon a cause of action not alleged. The complaint, as limited by the bill of particulars, alleges the breach of an express *372contract made by. the defendant in the city of Chicago to safely carry said .case of goods and. deliver it to the consignee at Mont-ville, Conn., and in default thereof to ;p'ay its value,…
2Cases cited2 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
3Cited by3 opinions
- Erie Railroad v. SteinbergOhio Supreme Court · 1916
- Baumann v. TannenbaumAppellate Division of the Supreme Court of the State of New York · 1908
- Lynch v. Cronk, New York County Courts1915