Rose v. King
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Orange county. Action by Joseph Rose against John King and John G. McCullough, as receivers of the New York, Lake Erie & Western Railroad Company, to recover damages for breach of the contract of carriage between the company and plaintiff. Verdict for plaintiff for $76, and from an order setting aside the same and granting a new trial, unless plaintiff stipulated to reduce the verdict to the sum of $2, plaintiff appeals.
1Per curiam
This case in its facts is in all respects similar to Miller v. King, which was before the general term and the appellate division six times, and the court of appeals once, and has been reported five times in all. 84 Hun, 309, 32 N. Y. Supp. 332; 88 Hun, 181, 34 N. Y. Supp. 425; 21 App. Div. 192, 47 N. Y. Supp. 534; 32 App. Div. 389, 53 N. Y. Supp. 123; 166 N. Y. 394, 59 N. E. 1114.
The only question presented on this appeal relates to the measure of damages. The learned trial judge instructed the jury that, assuming the contract of carriage between the railroad company and the plaintiff to…
2Cases cited5 opinions
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Miller v. KingNew York Supreme Court · 1895
- Miller v. . KingNew York Court of Appeals · 1901
- Miller v. KingNew York Supreme Court · 1895
- Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Stewart v. Baltimore & Ohio RailroadAppellate Terms of the Supreme Court of New York · 1904