Frey v. New York Central
Appellate Division of the Supreme Court of the State of New York
Cboss-appeals by the plaintiff and the defendant from a judgment of the Supreme' Court in .favor of the plaintiff for $4,997.93 damages, entered in the office of the clerk of the county of Monroe on the 27th day of March, 1906, upon the report of a referee, the plaintiff appealing because damages were computed upon the value of the goods in New York city instead of upon their value in London, England.
1Opinion of the Court
The following is the opinion of the referee:
Bowman, Referee:
This is an action brought by the Rogerson Fruit and Cold Storage Company, and continued by its receiver, against the New York Centra* and Hudson River Railroad Company for damages through failure on the part of the defendant company to transport four cars of fruit from Rochester to New York in time for the sailing of the steamship St. Zouis, leaving that port for Liverpool upon Wednesday. the 13th day of December, 1899, and upon which the plaintiff company had engaged cold-storage space in which to ship the fruit tc London for the…
2Cases cited8 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Gregory v. McDowelNew York Supreme Court · 1832
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
- Babcock v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1872
- Tierney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
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