Legal Opinion

Jackson Architectural Iron Works v. Hurlbut

New York Court of Appeals

Decided January 10, 1899PublishedCited by 45 opinions

Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of Hew York, entered December 21, 1895, affirming a judgment in favor of-plaintiff entered upon a verdict, and an order denying a motion for a. new trial.

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Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of Hew York, entered December 21, 1895, affirming a judgment in favor of-plaintiff entered upon a verdict, and an order denying a motion for a. new trial. This action, was brought to recover damages for the breaking of a planing machine belonging to the plaintiff, while in the custody of defendants, who were truckmen in the city of New York, for transportation to the plaintiff’s factory. The facts, so far as material, are stated in the opinion. The contract by virtue of which the defendants…

1Opinion of the CourtO’Brien, J.

The question in this case involved the responsibility of the defendants for an injury to property while it was in their custody as bailees for hire or reward. They were employed by the plaintiff in February, 1892, to transport a large planing machine, used for planing iron, over thirty feet long and weighing over ten tons, from the foot of Twenty-third street on the Worth river to the plaintiff’s factory at East Twenty-eighth street in the city of Wew York. The agreed compensation for the service was sixty dollars. They undertook to perform the work, and while unloading the machine at the…

2Cases cited5 opinions

  1. Allen v. . FoxNew York Court of Appeals · 1873
  2. Lough v. . OuterbridgeNew York Court of Appeals · 1894
  3. Bank of Orange v. BrownNew York Supreme Court · 1829
  4. Allen v. . SackriderNew York Court of Appeals · 1867
  5. Redmond v. American Manufacturing Co.New York Court of Appeals · 1890

3Cited by45 opinions

  1. Murray v. . DwightNew York Court of Appeals · 1900
  2. Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
  3. United States v. Sioux City Stock Yards Co.U.S. Circuit Court for the District of Northern Iowa · 1908
  4. Fairchild v. United Service CorporationNew Mexico Supreme Court · 1948
  5. Anderson v. . Fidelity Casualty Co.New York Court of Appeals · 1920

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