Harris v. . Northern Indiana Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. The complaint was that the defendant as a common carrier, received from the plaintiffs at Laporte in Indiana, one hundred and eight beef cattle, and four hundred hogs, to be transported to Toledo in Ohio; that the defendant’s agent placed the cattle in cars which were too low for the cattle to stand upright without scraping and bruising their backs, and which had iron staples projecting into the cars against which the cattle were jammed and…
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Appeal from the Supreme Court. The complaint was that the defendant as a common carrier, received from the plaintiffs at Laporte in Indiana, one hundred and eight beef cattle, and four hundred hogs, to be transported to Toledo in Ohio; that the defendant’s agent placed the cattle in cars which were too low for the cattle to stand upright without scraping and bruising their backs, and which had iron staples projecting into the cars against which the cattle were jammed and rubbed; and that the defendant improperly and needlessly detained the cars at a place called Sturges Prairie for sixteen…
1Opinion of the CourtSelden, J.
The only questions presented in this case arise upon the charge of the judge to the jury, and upon his refusals to charge as requested. The counsel for the appellants, in the first point which he makes, groups together the first, sixth and seventh exceptions to the charge, and insists that they are all well taken, and for substantially the same reasons. Those exceptions, as stated in the printed case, are as follows:
First exception: 11 The defendants’ counsel requested the court to charge the jury that the defendants’ contract was only to carry the cattle in the particular cars in which they…
2Cited by11 opinions
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- McDaniel v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1868
- Frohlich v. Pennsylvania Co.Michigan Supreme Court · 1904
- Tierney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Bonfiglio v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1935
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