Ely v. Barrett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William M. Barrett, as president, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 14th day of June, 1917, upon the decision of the court after a trial before the court, a jury having been waived.
1Opinion of the Court
Thomas, J.:
The plaintiff recovered a judgment for a dog, which defendant undertook to carry from East Williston, Nassau county, N. Y., to Palo Alto, Cal., by Wells Fargo & Company’s Express from New York city. The defendant, in contravention of its contract, did not deliver the animal to the Wells Fargo Company, but sent it over its own line to Pitts-burg, Penn., beyond which point, at Wooster, 0., the dog was found dead in the car. The parties executed the livestock contract and the defendant issued the uniform express receipt, according to the forms duly filed by defendant with the…
2Cases cited6 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Singer Hosiery Mills of New York, Inc. v. Cunard White Star, Ltd.City of New York Municipal Court · 1951
- Benoit v. Central Vermont Railway, Inc.Supreme Court of Vermont · 1950