Legal Opinion

Levine v. Delaware, L. & W. Railroad

New York County Courts

Decided November 15, 1911Published

Appeal from Justice Court. Action by Abner S. Levine against the Delaware, L. & W; Railroad Company. From a judgment of a justice of the peace for plaintiff, defendant appeals. Affirmed.

1Opinion of the CourtHazard, J.

It appears that on the 11th day of November, 1910, the plaintiff shipped a fur overcoat, inclosed in a wooden box, to a consignee in New York City, over the defendant’s road, taking the-usual bill of lading and receipt therefor. The package seems to have arrived at defendant’s terminal in New" York City in due season; and! on the 16th of November a notice was sent to the consignee.

The witness McArdle, an employé of the defendant, testified that some time in November, day not stated, he found the shipment; and he says, “I noticed nothing wrong about it.” It appears that on the 8th of December…

2Cases cited4 opinions

  1. Claflin v. . MeyerNew York Court of Appeals · 1878
  2. Schmidt v. BloodNew York Supreme Court · 1832
  3. Ballston Refrigerating Storage Co. v. Eastern States Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. Mautner v. Terminal Warehouse Co.Appellate Terms of the Supreme Court of New York · 1899

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