Canfield v. . Baltimore and Ohio R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 11 J. & S., 562) This action was brought to recover damages for the loss of a quantity of jewelry which was alleged to have been abstracted from one of eighteen boxes, which, with a barrel, were delivered to defendant, at Washington, by one Evers, to be transported to New York and delivered to the consignees, Sackett, Davis & Co., in that city. The facts appear…
1Opinion of the CourtHand, J.
At the close of the plaintiffs’ evidence, and again when all the evidence was in, the defendant asked for a dismissal of the complaint on the general ground that the plaintiffs had not proved any facts sufficient to constitute a cause of action against it; and more specifically that they had not proved either that the goods lost had been delivered to the defendant or that they had been lost by the negligence of the defendant.
I have come to the conclusion, although with some hesitation, that the evidence permitted the jury to find that the property was delivered to the defendant at Washington.…
2Cases cited2 opinions
- Wilkins v. . EarleNew York Court of Appeals · 1870
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
3Cited by12 opinions
- Canfield v. . Baltimore Ohio R.R. Co.New York Court of Appeals · 1883
- Julius Klugman's Sons, Inc. v. Oceanic Steam Nav. Co.District Court, S.D. New York · 1930
- Berkowitz v. Chicago, Milwaukee and St. Paul Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Blount v. Pennsylvania RailroadNew York Supreme Court · 1908
- Detmer, Bruner & Mason, Inc. v. New York Central RailroadMissouri Court of Appeals · 1935
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