Nicholas v. New York Central & Hudson River Railroad
New York Supreme Court
APPEAL by defendant from an order at special term, denying new trial after verdict for plaintiffs at the circuit. The action was brought by George W. Nicholas and another against the New York Central and Hudson River Railroad Company to recover damages for loss of a quantity of quince stock claimed to have, been destroyed by frost through the negligence of the defendant.
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APPEAL by defendant from an order at special term, denying new trial after verdict for plaintiffs at the circuit. The action was brought by George W. Nicholas and another against the New York Central and Hudson River Railroad Company to recover damages for loss of a quantity of quince stock claimed to have, been destroyed by frost through the negligence of the defendant. The stock was shipped in New York, March 4, 1872, and consisted of fifteen cases of trees which were delivered to the defendant on that day and arrived at Geneva, the place of destination, on the 12th of the same month. The…
1Opinion of the CourtE. Darwin Smith, J.
The issue submitted to the jury was simply whether the loss of the plaintiffs’ quince stock was caused by the defendant’s negligence. The judge stated to the jury that the gist of the action was the alleged negligence of the defendant, and that if they came to the conclusion in view of all the evidence that the freezing and the injury to the trees was the result of neglect, of the want of due care on the part of the employees of the railroad company, the plaintiffs were entitled to recover.
Eo complaint is made that the judge did not direct or allow the jury to take into consideration all the…
2Cases cited9 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Wells v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Smith v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
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