Davenport v. Chesapeake & Ohio Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
To an action brought by plaintiff for damage to an interstate shipment of melons caused by the alleged negligent delay of defendant, the defendant-appellant has interposed, among others, the de*304fense that the claim was not presented within the four months limited by the bill of lading. Respondent concedes that it was not so presented, but claims: (1) That the defense arising out of this delay was waived by defendant’s rejection of the claim on its merits, and (2) that the provision is virtually one to limit or discharge the carrier’s liability for his negligence and, therefore, void under the…
2Cases cited6 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Queen of the PacificSupreme Court of the United States · 1901
- Loomis v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1913
- United Lead Co. v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1913
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3Cited by5 opinions
- Dodge & Dent Manufacturing Co. v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Lissberger v. Bush Terminal RailroadNew York Supreme Court · 1922
- Doster & McKibben v. Michigan Central RailroadAppellate Court of Illinois · 1915
- Martorana v. Baltimore & Ohio RailroadCity of New York Municipal Court · 1915
- Martorana v. Baltimore & Ohio RailroadNew York Supreme Court · 1915