Home Insurance v. Western Transportation Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supe, rior Court of the city of Hew York, affirming-a judgment in favor of the plaintiff entered upon the report of a referee. (Reported below, 4 Robt., 257; 33 How. Pr., 102.) The action was brought by the plaintiff, as assignee of Messrs. L. Roberts & Co., against the defendant as common carrier, to recover damages for injuries to a cargo of wheat.
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Appeal from judgment of the General Term of the Supe, rior Court of the city of Hew York, affirming-a judgment in favor of the plaintiff entered upon the report of a referee. (Reported below, 4 Robt., 257; 33 How. Pr., 102.) The action was brought by the plaintiff, as assignee of Messrs. L. Roberts & Co., against the defendant as common carrier, to recover damages for injuries to a cargo of wheat. The answer, among other things, alleged a settlement of the cause of action by Messrs. L. Roberts & Co., the plaintiff’s assignors, before their assignment to the plaintiff. Upon the trial the…
1Opinion of the Court
Earl, C.
The plaintiff, in its complaint, bases its right to recover solely upon a cause of action alleged to have been assigned to it by L. Roberts & Co., and it must upon this appeal, as it did upon the trial, stand by the theory of its complaint. It was admitted upon the trial that the wheat was damaged by water on the way to Fort Plain, before delivery, while in possession of the defendant as carrier. It was not proved how the damage was occasioned, nor that it resulted from any cause which would excuse the defendant from its liability as common carrier. Hence sufficient appeared to…
2Cited by11 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- The People v. . ConroyNew York Court of Appeals · 1884
- Vann v. . RouseNew York Court of Appeals · 1884
- Boden v. ScholtzAppellate Division of the Supreme Court of the State of New York · 1905
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
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