Legal Opinion

Thyll v. New York & Long Branch Railroad

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

Decided March 15, 1904PublishedCited by 3 opinions

Appeal by the plaintiff, Lillian JVI. Thyll, from an order of the x Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of July, 1903, reversing a judgment of the City Court of the city of New York in' favor of the plaintiff, entered in the office of the clerk of said court on the 7th day of January, 1903, and also reversing an order of said City Court, entered on the 14th day of January, 1903, denying. the…

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Appeal by the plaintiff, Lillian JVI. Thyll, from an order of the x Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 7th day of July, 1903, reversing a judgment of the City Court of the city of New York in' favor of the plaintiff, entered in the office of the clerk of said court on the 7th day of January, 1903, and also reversing an order of said City Court, entered on the 14th day of January, 1903, denying. the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

This action was brought to recover damages to personal property, alleged to have been caused by defendants’ negligence. The plaintiff had a verdict in the City Court and from the judgment entered thereon defendants appealed to the Appellate Term, where the judgment was reversed and a new trial ordered, and by permission the plaintiff appeals to this court.

*515At the trial it appeared that in May, 1901, the plaintiff shipped from Berlin, Germany, to the city of New York, a hamper of goods consisting mostly of linen articles. When the hamper arrived at New York it was sent to the…

2Cases cited3 opinions

  1. Crane v. . PowellNew York Court of Appeals · 1893
  2. McKinney v. . JewettNew York Court of Appeals · 1882
  3. Draper v. . Prest., Etc., D. H.C. Co.New York Court of Appeals · 1889

3Cited by3 opinions

  1. Hadba v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1918
  2. In re the Estate of KnappNew York Surrogate's Court · 1931
  3. Gamble-Robinson Commission Co. v. Delaware, Lackawanna & Western RailroadAppellate Court of Illinois · 1912

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