Legal Opinion

Stone v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

New York Court of Appeals

Decided June 13, 1911PublishedCited by 14 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 13, 1909, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as matetial, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 13, 1909, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as matetial, are stated in the opinion. The Cleveland, Cincinnati, Chicago and St. Louis Railway Company and the Cincinnati Northern Railroad Company are each a separate and distinct legal entity; there is no evidence in the case from which the jury could find that the Cincinnati Northern Railroad Company was operated or controlled by the Cleveland,…

1Opinion of the CourtHiscock, J.

Plaintiffs -undertook to ship a carload of horses from Van Wert, Ohio, to Buffalo. Some of the horses being injured in transit, they recovered a verdict for damages against the appellant. It will he assumed without consideration that there was sufficient evidence on which to rest a verdict against some carrier. The only question which I shall consider is whether there was any proof establishing liability on the part of the appellant.

The point of shipment was situated on the Cincinnati Northern railroad, and at the end of its line the horses were to he delivered to the New York, Chicago & St.…

2Cases cited4 opinions

  1. Pulllman's Palace Car Co. v. Missouri Pacific Railway Co.Supreme Court of the United States · 1885
  2. Pennsylvania Railroad v. JonesSupreme Court of the United States · 1894
  3. Senior v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
  4. Pennsylvania Co. v. RossettAppellate Court of Illinois · 1904

3Cited by14 opinions

  1. Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
  2. Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
  3. Majestic Co. v. Orpheum Circuit, Inc.Court of Appeals for the Eighth Circuit · 1927
  4. Jerome J. Berger v. Columbia Broadcasting System, Inc., a New York CorporationCourt of Appeals for the Fifth Circuit · 1972
  5. Toledo Traction, Light & Power Co. v. SmithDistrict Court, N.D. Ohio · 1913

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