Manhattan Rubber Shoe Co. v. Chicago, Burlington & Quincy Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Manhattan Rubber Shoe Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 21st day of March, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Suffolk, and also from an order entered in said clerk’s office on the 4th day of March, 1896, denying the plaintiff’s motion. for a new trial made…
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Appeal by the plaintiff, the Manhattan Rubber Shoe Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 21st day of March, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Suffolk, and also from an order entered in said clerk’s office on the 4th day of March, 1896, denying the plaintiff’s motion. for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The plaintiff shipped by the defendant’s railroad certain cases of rubber goods consigned to Kirkendall, Jones & Co., at Omaha, Neb. When the goods arrived at Omaha the defendant delivered them to a local express company, who for many years had received the goods consigned to Kirkendall, Jones & Co., the express company paying defendant the freight. The consignees refused, to' accept the goods from the express company, asserting that they had not bought or ordered them. Thereupon the express company took the goods *173back to the station, saying to the defendant’s agents that the…
2Cases cited4 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Van Schaick v. EdwardsNew York Supreme Court · 1801
- Hamilton v. NickersonMassachusetts Supreme Judicial Court · 1865
3Cited by12 opinions
- Gibbons v. Yazoo & M. V. R.Supreme Court of Louisiana · 1912
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Porter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Carrizzo v. New York, Susquihanna and Western RailroadNew York Supreme Court · 1910
- Levy v. WeirAppellate Terms of the Supreme Court of New York · 1902
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