New York, Philadelphia & Norfolk R. v. Cromwell
Supreme Court of Virginia
Error to a judgment of the Court of Law and Chancery of the city of Horfolk, in action of assumpsit, wherein the defendant in error was the plaintiff, and the plaintiff in error and the California Fruit Transportation Company were the defendants.
1Opinion of the CourtHarrison, J.
*228E. E. Cromwell instituted this action against the California Emit Transportation Company, and the Yew York, Philadelphia and Norfolk Railroad Company, alleging a joint liability upon the defendants, and seeking to recover damages alleged to have been sustained by him, in consequence of their failure as common carriers to transmit with due care certain strawberries intrusted to them for the Philadelphia and Boston markets.
It is a well established common-law rule that in all actions of contract the plaintiff must prove his contract against as many persons as he alleged it, and he must recover…
2Cases cited1 opinion
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
3Cited by9 opinions
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- Philadelphia, Baltimore & Washington Railroad v. DiffendalCourt of Appeals of Maryland · 1909
- Chicago, R. I. & P. Ry. Co. v. Lawton Refining Co.Court of Appeals for the Eighth Circuit · 1918
- Missouri, Kansas & Texas Railway Co. v. McLeanCourt of Appeals of Texas · 1909
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