French v. Buffalo, New York & Erie Railroad
New York Court of Appeals
The action herein was brought to recover damages for an alleged breach of the defendants’ contract, to carry certain goods of the plaintiffs from Rochester to the city óf Buffalo, and to forward thence, etc. It was referred. The referee reported in favor of the plaintiffs, assessing their damages at $464.24. The judgment entered thereupon was affirmed in the Supreme Court in General Term in the seventh district, and the defendant appealed to this court.
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The action herein was brought to recover damages for an alleged breach of the defendants’ contract, to carry certain goods of the plaintiffs from Rochester to the city óf Buffalo, and to forward thence, etc. It was referred. The referee reported in favor of the plaintiffs, assessing their damages at $464.24. The judgment entered thereupon was affirmed in the Supreme Court in General Term in the seventh district, and the defendant appealed to this court. On the 27th of March, 1860, the plaintiffs delivered to the defendants at Rochester, properly packed for transportation, four parcels of iron…
1Opinion of the CourtWoodruff, J.
It is not insisted, upon the argument of the appeal, that any error was committed by the referee in the admission or rejection of evidence, and the only exceptions urged upon our attention are, first, those which depend upon the construction and legal effect of the terms “ owner’s risk” which were written upon the receipts given by the defendant for the goods delivered for carriage, which words, the referee finds, formed part of the contract between the parties; and, second, the question whether there was any evidence that the injury to the plaintiffs’ goods was the result of such negligence…
2Cases cited4 opinions
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Wells and Tucker v. . the Steam Navigation CompanyNew York Court of Appeals · 1853
- Moore v. EvansNew York Supreme Court · 1852
- Schieffelin v. HarveyNew York Supreme Court · 1810
3Cited by14 opinions
- Blossom v. . DoddNew York Court of Appeals · 1870
- Hazzard v. Chase National BankNew York Supreme Court · 1936
- Canfield v. . Baltimore Ohio R.R. Co.New York Court of Appeals · 1883
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1913
- Cragin v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
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