Weizinger v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, the Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Sew York on the 23d day of December, 1904, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 29th day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The defendant, for the: purpose of receiving and discharging-freight at the city of New York, is the lessee and in possession of a pier at Forty-ninth street and the North river, known as “ Pier 49,” .It received for transmission to New York a certain quantity of iron beams or girders, which were bróught to this pier by a barge owned by the defendant and in charge of its employees. This barge, arrived at Pier 49 about June 19, 1902; One Happel, to whom these beams had been consigned, having been notified of their arrival, sent á truckman to take charge of unloading them from the…
2Cases cited3 opinions
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- Downes v. . Elmira Bridge Co.New York Court of Appeals · 1904
- Carroll v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Donohue v. Board of EducationNew York Supreme Court · 1938