Bell v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, George J. Bell and others, from an order and determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of December, 1918, affirming an order of the Municipal Court of the City of New York, Borough of Manhattan, Ninth District,
1Opinion of the Court
Shearn, J.:
Appeal from a determination of the Appellate Term, affirming by a divided vote an order of the Municipal Court denying plaintiffs’ motion to strike out the affirmative defense as insufficient in law on the face thereof.
This suit is brought to recover $286.20 damages to a shipment of pears consigned from Rochester, N. Y., to Scranton, Penn., over the line of the defendant’s railroad, as initial carrier. The pears were unreasonably delayed in transit, the car was not properly placed for delivery, and several of the barrels and baskets containing the pears were broken open and the…
2Cited by4 opinions
- Barrett v. Van PeltSupreme Court of the United States · 1925
- Davis v. John L. Roper Lumber Co.Supreme Court of Virginia · 1924
- Van Pelt v. BarrettAppellate Division of the Supreme Court of the State of New York · 1923
- Gamble-Robinson Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1924