Ward v. New York Central Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the eighth judicial district, affirming a judgment in favor of defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court of the eighth judicial district, affirming a judgment in favor of defendant entered upon the report of a referee. The plaintiffs were copartners in business, and on the 9th day of December, 1867, shipped by defendants from Le Roy, in Genesee county, to their consignees in Rew York, seventy-eight dressed pigs, weighing 9,182 pounds, the property of plaintiffs, which, in the ordinary and usual course of transportation, should have reached JSTew York in forty-eight hours. Such property was unnecessarily detained by the defendants and…
1Opinion of the CourtPeckham, J.
It is insisted by the defendant, that it is not liable for any damages happening to this property after it reached Albany and was placed in the custody of the Hudson River road for further transportation, because the contract for transportation showed that its liability as common carrier ceased at Albany. The answer to this is, that the referee finds expressly, that “ the defendant received this property of plaintiffs for transportation to the city of Hew York,” and the whole evidence is not contained in the case. Only a small part is retained, and then the case adds that “ evidence was…
2Cases cited8 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Kent v. Hudson River Rail RoadNew York Supreme Court · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- The CaledoniaU.S. Circuit Court for the District of Massachusetts · 1890
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
- Atchison, Topeka & Santa Fe Railroad v. LawlerNebraska Supreme Court · 1894
- The Oregon v. Pittsburgh & L. A. Iron Co.Court of Appeals for the Sixth Circuit · 1893
- Newell v. Smith & ClarkSupreme Court of Vermont · 1877
23 more not listed; retrieve them via the Exa API.