Siebert v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles A. Siebert, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of April, 1915, upon a dismissal of the complaint by direction of the court at the close of the case after a trial by a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the same day, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Latjghlin, J.:
This is an action on the assigned claim of a shipper against the defendant as a common carrier for the loss of certain freight. The freight constituted part of a carload of silver ore which the plaintiff’s assignor, the Crown Reserve Mining Company, Ltd., delivered to the Temiskaming and Northern Ontario Railway, at Cobalt, Canada, on the 27th of November, 1908, to be shipped on a through bill of lading consigned to the American Smelting and Refining Company at Perth Amboy, N. J. In the shipping order given by the consignor, evidently on a blank furnished by the carrier, and in…
2Cases cited6 opinions
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- Bers v. . Erie R.R. Co.New York Court of Appeals · 1919
- Robinson v. New York & Texas Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Bers v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- D'Utassy v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1916
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3Cited by4 opinions
- Goldberg v. Delaware, Lackawanna & Western RailroadCity of New York Municipal Court · 1943
- United States v. Union Pacific Railroad CompanyDistrict Court, S.D. Iowa · 1959
- American Railway Express Co. v. GaltMississippi Supreme Court · 1921
- W. R. Grace & Co. v. Railway Express Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1959