Bradley v. Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lake Shore and Michigan Sonthem Eailway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of November, 1910, upon the verdict of a jury for $2,755.18, and also from an order entered in said clerk’s office on the 16th day of November, 1910, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action by a shipper against a connecting common carrier for the loss of a carload of goods. It is predicated upon negligence, and the particular negligence charged against the appellant is that, on receiving the car from the Lehigh Yalley Railroad Company its employees discovered that the car contained a consignment of acid which was leaking, and did not, with due diligence, take proper steps to transfer the goods to a warehouse or to another car. Within-three hours after the car was delivered to appellant, and before it had been moved or in any manner interfered with…
2Cases cited3 opinions
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Barney v. BurnstenbinderNew York Supreme Court · 1872
3Cited by1 opinion
- St. Louis-San Francisco Ry. Co. v. Glow Electric Co.Ohio Court of Appeals · 1929