Legal Opinion

C. F. Booth Co. v. Adams Express Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1921PublishedCited by 1 opinion

Appeal by the defendant, Adams Express Company, from a judgment of the Supreme Court.in favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 11th day of November, 1919, upon the decision of the court rendered after a trial at the Chenango Trial and Special Term, a jury having been waived.

1Opinion of the Court

Woodward, J.:

The complaint sets forth a cause of action for negligence on the part of the defendant in the performance of its obligations as a common carrier in the transportation of certain merchandise, consisting of massage cream, in that such merchandise was permitted to freeze while in the custody of the defendant, thus destroying its commercial value. The case was tried before the court, without a jury, resulting in a judgment in favor of the plaintiff for the full amount of the claim. The defendant appeals from the judgment, and urges that the goods for which the plaintiff seeks to…

2Cases cited3 opinions

  1. Mackintosh v. KimballAppellate Division of the Supreme Court of the State of New York · 1905
  2. Gregory v. ClarkAppellate Division of the Supreme Court of the State of New York · 1900
  3. Miller v. Farmers & Merchants' State BankAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. Brew v. MasonAppellate Division of the Supreme Court of the State of New York · 1982

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