Dworkwitz v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 30, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
Hiscock, Ch. J.
In this action the plaintiff has been allowed to recover a judgment against defendant because of its failure properly to carry and deliver goods alleged to have been received by it, from him at Schenectady, consigned to the I. S. Knee Pants Company, 35-7 West Third street, New York city. To speak somewhat paradoxically there seems to be an abundant lack of evidence necessary to establish plaintiff’s claim and. the judgment should not have been allowed.
As supplying evidence of the delivery by him to defendant for carriage of the goods for which recovery has been had, plaintiff…
2Cases cited4 opinions
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. KnightSupreme Court of the United States · 1887
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
- Fitzgerald v. Adams Express Co.Indiana Supreme Court · 1865
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