Richardson v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Tbe New York Central 'and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 1st day of March, 1907, pursuant, to an order entered in said clerk’s office on the 1st day.of March, 1907, affirming a judgment of the Municipal Court of the city of Buffalo, .and also from the said order upon which the judgment appealed from was entered.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought to recover damages occasioned by the freezing of a quantity of apples while being transported from Alexander, N. Y., to Shreveport, La. The facts are not here controverted. The apples were substantially spoiled while in transit, by reason of the fault and negligence of the defendant.
The questions involved on. this appeal are legal in their nature. The appellant claimed that the cause of action was on'contract and that there could be no recovery, because the plaintiff failed to comply with a condition…
2Cases cited3 opinions
- Isham v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Security Tr. Co. of Rochester v. Wells, Fargo Co.New York Court of Appeals · 1904
- Security Trust Co. v. Wells, Fargo & Co. ExpressAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Pacific S. S. Co. v. SuttonCourt of Appeals for the Ninth Circuit · 1925
- Freschen v. Western Union Telegraph Co.City of New York Municipal Court · 1921
- Krivitsky & Cohen, Inc.v. Western Union Telegraph Co.City of New York Municipal Court · 1927
- Lynch v. New York Central & Hudson River Railroad, New York County Courts1915
- J. Aron & Co. v. Panama RailroadNew York Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.