Legal Opinion

Berkowitz v. Chicago, Milwaukee and St. Paul Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1905PublishedCited by 6 opinions

Appeal by the plaintiff, David Berkowitz, from a judgment of the Municipal Court of the city of Mew York, entered in the office of the clerk of said court, dismissing the plaintiff’s complaint.

1Opinion of the Court

Hooker, J. :

The plaintiff claims to have delivered freight in good condition to the defendant the Chicago, Milwaukee and St. Paul Bailway Company for carriage to Mew York city, and that when they reached Mew York they were badly damaged. They were brought into Mew York over the railroad of the Mew York Central and Hudson Biver Bailroad Company, and this action is against both defendants. The plaintiff was nonsuited in the court below and appeals.

The complaint alleges that the defendant “ The Chicago, Milwaukee and St, Paul Bail way Company carried the goods and delivered the same to the…

2Cases cited3 opinions

  1. Smith v. New York Central Rail RoadNew York Supreme Court · 1864
  2. Canfield v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1878
  3. In re Corning FoundationNew York Supreme Court · 1896

3Cited by6 opinions

  1. Pereira v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1924
  2. Remington v. BarrettAppellate Division of the Supreme Court of the State of New York · 1921
  3. Blount v. Pennsylvania RailroadNew York Supreme Court · 1908
  4. Hill Steamboat Line v. New York Central & Hudson River RailroadCity of New York Municipal Court · 1916
  5. Price v. New York Cent. & H. R. RailroadAppellate Terms of the Supreme Court of New York · 1910

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