Zimmer v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 2, 1892, which affirmed upon the facts and reversed on the law, a judgment in favor of plaintiff, entered upon a verdict granting a motion for a new trial. This action was brought to recover the value of a mare which was killed while in transit in one of defendant’s cars. ■ The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 2, 1892, which affirmed upon the facts and reversed on the law, a judgment in favor of plaintiff, entered upon a verdict granting a motion for a new trial. This action was brought to recover the value of a mare which was killed while in transit in one of defendant’s cars. ■ The facts, so far as material, are stated in the opinion. The release signed by Cooledge, does not relieve the defendant from liability for its negligence, and does not limit plaintiff’s…
1Opinion of the CourtGray, J.
The plaintiff owned a horse of considerable value, which he wished to send to Antwerp, R. Y. He *462employed Coolidge as his agent for that purpose; who applied to the defendant at West Albany, B. Y., for a car, in which to effect the transportation. A contract was filled out and signed by Coolidge and the agent of the defendant. It was headed “Live Stock Contract of release and agreed valuation according to the official classification of the Bew York Central and Hudson Biver Bailroad.” It recited 'that the company transported live stock at certain prices “ carrier’s risk,” and at reduced prices,…
2Cases cited4 opinions
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Madan v. . SherardNew York Court of Appeals · 1878
- Grossman v. DoddNew York Supreme Court · 1892
- Kenney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
3Cited by4 opinions
- Kergald v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1953
- Springer v. . WestcottNew York Court of Appeals · 1901
- Baum v. Long Island RailroadCity of New York Municipal Court · 1908
- The PriscillaDistrict Court, S.D. New York · 1901