Legal Opinion

Jackson Architectural Iron Works v. Hurlbut

New York Court of Common Pleas

Decided December 23, 1895PublishedCited by 2 opinions

Appeal from trial term. Action by Jackson Architectual Iron Works against Henry Hurl-but and another. Prom a judgment entered on a verdict in favor of plaintiff, defendants appeal.

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Appeal from trial term. Action by Jackson Architectual Iron Works against Henry Hurl-but and another. Prom a judgment entered on a verdict in favor of plaintiff, defendants appeal. The action was brought to recover $1,752 damages to a planing machine intrusted by plaintiff to defendants as common carriers, to be transported from the foot of West Twenty-Third street, in the city of New York, to the shop of the plaintiff in East Twenty-Eighth street, between First and Second avenues, in said city. The complaint alleged that the defendants were general truckmen and forwarding agents, and general…

1Opinion of the CourtDaly, C. J.

The defendants, composing the firm of Hurlbut Bros., are general truckmen, doing business in the city of Hew York,—-“truckmen and forwarding agents,” according to their own description of their occupation. Their “specialty,” as also de*809scribed by themselves, is “heavy machinery,” which they move and transport,-—undertaking what ordinary truckmen cannot do, because they have the appliances, wagons, and trucks to do it; employing 19 trucks and 20 horses, making no discrimination as to customers, and not refusing to move anything upon request if reasonably paid. From this description of the…

2Cases cited5 opinions

  1. Allen v. . SackriderNew York Court of Appeals · 1867
  2. Chevallier v. StrahamTexas Supreme Court · 1847
  3. Richards v. WestcottThe Superior Court of New York City · 1858
  4. Moriarty v. Harnden's ExpressNew York Court of Common Pleas · 1862
  5. Harrison v. RoyMississippi Supreme Court · 1860

3Cited by2 opinions

  1. Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
  2. J. De Leo & Co. v. Western Union Telegraph Co.City of New York Municipal Court · 1956

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