Jennings v. Grand Trunk Railway Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by George E. Jennings and others, as assignees of J. H. Shanley & ■Co., against the Grand Trunk Railway of Canada, for alleged negligence in "the transportation of potatoes. One car-load was shipped, at the request of Shanley & Co., by one Joseph E. Du Brule, who signed and delivered to the station agent the following “shipping note:” “Grand Trunk Railway Company of Canada.
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Appeal from judgment on report of referee. Action by George E. Jennings and others, as assignees of J. H. Shanley & ■Co., against the Grand Trunk Railway of Canada, for alleged negligence in "the transportation of potatoes. One car-load was shipped, at the request of Shanley & Co., by one Joseph E. Du Brule, who signed and delivered to the station agent the following “shipping note:” “Grand Trunk Railway Company of Canada. “This company will not be responsible for any goods missent, unless they rare consigned to a station on their railway. Rates, weights, and quantities entered on receipts…
1Opinion of the CourtMacomber, J.
The opinion of the presiding justice, which contains all the-material facts except as herein mentioned, would lead to an affirmance of the judgment in this ease, save for the twelfth printed condition on the back of the bill of lading. That condition is as follows: “(12) That no claim for damage to, loss of, or detention of, any goods for which this company is accountable, shall be allowed unless notice in writing, and the particulars of the claim for said loss, damage, or detention, are given to the station freight agent nearest to the place of delivery, within thirty-six hours after the…
Also in this document: Concurrence.
2Cases cited14 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
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3Cited by4 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Falkenberg v. Erie RailroadAppellate Terms of the Supreme Court of New York · 1899
- Coffin v. President of Grand Rapids Hydraulic Co.The Superior Court of the City of New York and Buffalo · 1892
- Gallagher v. Grand Trunk Railway Co. of CanadaNew York Supreme Court · 1889