Wing v. New York & Erie R. R.
New York Court of Common Pleas
Appeal by defendants from a judgment of tbe Marine Court. This was an action brought against the defendants, as common carriers, for injuries to a shipment of potatoes while in their charge. The potatoes in question were shipped by the plaintiffs on the Buffalo and Corning Railroad for New York, that road receiving freight for the whole distance, and undertaking their safe delivery in New York.
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Appeal by defendants from a judgment of tbe Marine Court. This was an action brought against the defendants, as common carriers, for injuries to a shipment of potatoes while in their charge. The potatoes in question were shipped by the plaintiffs on the Buffalo and Corning Railroad for New York, that road receiving freight for the whole distance, and undertaking their safe delivery in New York. By that road they were carried to Corning, where they were delivered to the defendants. The defendants brought them on to Piermont, and there, after a delay of two days, shipped them on a barge…
1Opinion of the Court
Brady, J. —
The plaintiffs delivered to tbe Buffalo, Corning and New York Kailroad 144 barrels of potatoes, to be transported from Rochester to New York, at tbe same time paying the price of such transportation. That road unites with the defendants’ road at Corning, and the potatoes were sent over de-' fend ants’ road to Piermont from thence. The route of the defendants terminates at New York, although the terminus of their rail is at Piermont. No particular arrangement exists between these companies, except that defendants deliver to and receive freight from Buffalo, Corning and New York Road…
2Cases cited1 opinion
- Bowman v. TeallNew York Supreme Court · 1840
3Cited by5 opinions
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- Watson Bros. Transportation Co. v. DomenicoSupreme Court of Colorado · 1948
- Tucker v. Pennsylvania RailroadNew York Court of Common Pleas · 1895
- Fish v. Erie RailroadAppellate Terms of the Supreme Court of New York · 1916
- Knowles v. Pittsburgh, Ft. W. & C. R.U.S. Circuit Court for the Northern District of Illnois · 1865