Legal Opinion

Central Stock Yard & Transit Co. v. Mears

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

Decided December 15, 1903Published

Appeal by the defendants, Thomas Hears and another, from a judgment of the Municipal Court of the city of New York, borough of Richmond, in favor of the plaintiff, entered on the 5th day of May, 1902.

1Opinion of the Court

Hooker, J.:

The plaintiff brought this action in replevin for the recovery of two cows described in the complaint.- The 3d paragraph of the answer alleges that the cows jumped overboard from one of the plaintiff’s boats into the waters of the port of New York, and thereby became derelict and in peril of loss and destruction, and that one Rudolph, the master and owner of the steam lighter Aeronaut, by the tackle of said lighter saved and rescued the cows, carried them to the stable of the defendants where, under an agreement with Rudolph, the defqndants boarded, cared for and kept the cows for…

2Cases cited3 opinions

  1. The" Sabine"Supreme Court of the United States · 1880
  2. Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
  3. Baker v. . HoagNew York Court of Appeals · 1853

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