Liberty Insurance v. Central Vermont Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Central Vermont-Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 1st day of Juné,,'1896, upon the report of a referee.
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Appeal by the defendants, The Central Vermont-Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 1st day of Juné,,'1896, upon the report of a referee. The defendants, with the exception of Ladd ■& Smallman, are corporations, and at the time of the fire hereinafter mentioned operated together an elevator situated at Ogdensburgli, receiving, transporting, storing and delivering' grain from. vessel's arriving at Ogdensburgli. Some' time in August,. 1890, Ladd & Smallman shipped to…
1Opinion of the Court
Herrick, J.:
An action arising out of. the same fire which gives rise to the appeal now here has heretofore been before us (North British & Mercantile Ins. Co. v. C. V. R. R. Co., 9 App. Div. 4), and in that case the referee found that the fire was not caused by the negligence of the defendant, and this court, after a consideration of the evidence, came to the conclusion that the decision of the referee in that respect was correct.
I have not been able to find, nor have counsel pointed out, any substantial difference.between the evidence in that case and the one now before us. ■
While, the fact…
2Cases cited9 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Stewart v. . StoneNew York Court of Appeals · 1891
- Heinemann v. . HeardNew York Court of Appeals · 1875
- J. Russell Manufacturing Co. v. New Haven Steamboat Co.New York Court of Appeals · 1872
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3Cited by10 opinions
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- Rowan v. Wells, Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Yount v. DeibertSupreme Court of Kansas · 2006
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