Trimble v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 23, 1899, upon an order overruling the defendant’s exceptions, directed to he heard at the Appellate Division in the first instance, and directing judgment for the plaintiff on a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 23, 1899, upon an order overruling the defendant’s exceptions, directed to he heard at the Appellate Division in the first instance, and directing judgment for the plaintiff on a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not liable for the loss of the samples, and the plaintiff should have been nonsuited. (Talcott v. W. R. R. Co., 159 N. Y. 461; Sloman v. G. W. Ry. Co., 67 N. Y. 208; Cahill v. L. & N. Ry.…
1Opinion of the CourtBartlett, J.
This action is brought to recover the value of a trunk and its contents destroyed, while in the possession of the defendant, to which it had been delivered by the plaintiff’s assignors for transportation from Eochester to New York on the evening of October 23d, 1897.
Curtis & Wheeler were manufacturers of shoes in the city of Eochester, and Joseph E. Taylor acted as their traveling salesman on the 23d day of October, 1897, and had been in their employ in that capacity for a period of nine years. On the evening in question, Taylor, acting for his employers, went from Eochester to New York on…
2Cases cited16 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Winchell v. . HicksNew York Court of Appeals · 1859
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Dillon v. . CockcroftNew York Court of Appeals · 1882
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3Cited by4 opinions
- Bryant v. GlastetterCalifornia Court of Appeal · 1995
- McKibbin v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1907
- Farnum v. CarrAppellate Division of the Supreme Court of the State of New York · 1902
- Marino v. AlliaudAppellate Division of the Supreme Court of the State of New York · 1959