Legal Opinion

Gerardy v. Louisville & Nashville Railroad

Appellate Terms of the Supreme Court of New York

Decided January 15, 1907PublishedCited by 2 opinions

Appeal by the defendant from a judgment of the Municipal Court of the city of New York, second district, borough of Manhattan, rendered in favor of the plaintiff.

1Per curiam

This action is brought to recover damages on the ground that the train carrying plaintiff to New Orleans arrived there two hours and twenty minutes behind schedule time, and thereby prevented plaintiff from playing at a concert, at a loss of $400, the price he was to receive. The train was two hours and seven minutes late in arriving at Nashville, where plaintiff got onto it, having been delayed two hours and fifteen minutes by a washout. The justice gave judgment for plaintiff. Defendant appeals. The obligation of a carrier to run its trains in conformity to its schedule is not an absolute…

2Cases cited1 opinion

  1. Texas & Pacific Railway Co. v. SmithCourt of Appeals of Texas · 1905

3Cited by2 opinions

  1. Alabama Great Southern R. Co. v. ConnerSupreme Court of Alabama · 1933
  2. Dominianni v. Consolidated Rail Corp.Harrison Town Court · 1981

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