Gilbert v. New York Central & Hudson River Railroad
New York Supreme Court
APPEAL by defendant from a judgment in favor of plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial. The action was brought by Nathaniel S. Gilbert against the New York Central and Hudson River Railroad Company to recover the value of eleven casks of cider alleged to have been delivered by plaintiff to defendant and received by it at its depot at Lockport for the purpose of transportation to the city of New York.
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APPEAL by defendant from a judgment in favor of plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial. The action was brought by Nathaniel S. Gilbert against the New York Central and Hudson River Railroad Company to recover the value of eleven casks of cider alleged to have been delivered by plaintiff to defendant and received by it at its depot at Lockport for the purpose of transportation to the city of New York. At the special term, upon the decision of the motion for a new trial, the following opinion was delivered:
1Opinion of the CourtDaniels, J.
The motion for a new trial in this cause is substantially placed upon the inability of the plaintiff to maintain an action for the value of the cider which was lost. It appeared that the casks in which it was placed were sent to him by Park & Co., the owners of them, to be filled with cider, and then returned to them over the defendant’s railroad, from Lockport to the city of New York. The arrangement which the evidence • showed existed between the plaintiff and Park & Co. was that he should deliver the cider in the casks at the defendant’s depot in Lockport, and have it loaded upon a car,…
2Cases cited10 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Krulder v. . EllisonNew York Court of Appeals · 1871
- Olyphant v. BakerNew York Supreme Court · 1848
- Blossom v. . GriffinNew York Court of Appeals · 1856
- Groat v. . GileNew York Court of Appeals · 1873
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