Diamant v. Long Island Railroad
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Hew York, fifth district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
This action is brought for the breach of a contract of carriage, and the precise question to be determined is whether, under the conditions of the bill of lading, the defendant’s obligation was limited to a mere transportation of the goods, without giving notice of arrival or making tender of delivery.
On the 22d day of August, 1898, one Marculescu forwarded by the defendant a box of groceries directed to one Harry Diamant, a private in the Seventy-first Eegiment, Hew York Volunteers, encamped at Montauk Point, after the return of the troops from Cuba. On the following day the plaintiff…
2Cases cited2 opinions
- McKinney v. . JewettNew York Court of Appeals · 1882
- Brand v. New Jersey Steamboat Co.New York Court of Common Pleas · 1894