Tierney v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from j udgment of the General Term of the Supreme Court, in flic third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 10 Hun, 569.) This action was brought to recover damages to a car load of cabbages, delivered to defendant for transportation, alleged to have been sustained through the negligence of the defendant ■ in not forwarding in due time. The facts appear sufficiently in the opinion.
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Appeal from j udgment of the General Term of the Supreme Court, in flic third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 10 Hun, 569.) This action was brought to recover damages to a car load of cabbages, delivered to defendant for transportation, alleged to have been sustained through the negligence of the defendant ■ in not forwarding in due time. The facts appear sufficiently in the opinion. The plaintiff was guilty of negligence in failing to take proper precautions to protect his property. (Hamilton v. McPherson, 28…
1Opinion of the CourtDanforth, J.
On receiving the cabbages in question and payment of freight the defendants were bound to for ward them immediately to their destination ; — such ivas the' duty of a carrier of goods at common law, for if he had not the means of transportation he might refuse to receive the goods, and such is the duty of a railroad corporation. This is so under the statute. By its terms the corporation is required to furnish “ accommodations ” only for such property as shall be offered a reasonable time before thearrival of the time fixed by public notice for the starting of its trains. (Laws of 1850, chap.…
2Cases cited14 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Hollister v. NowlenNew York Supreme Court · 1838
- Illinois Central Railroad v. McClellanIllinois Supreme Court · 1870
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
- Blackstock v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
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3Cited by12 opinions
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- Southern Railway Co. v. Atlanta Sand & Supply Co.Supreme Court of Georgia · 1910
- Adams v. WardNew York Supreme Court · 1881
- Johnson v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1923
- Porter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1926
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