Ballston Refrigerating Storage Co. v. Eastern States Refrigerating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Eastern States Refrigerating Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1910, upon the report of a referee. The plaintiff, in October,' 1907, stored with the defendant company, at its cold storage warehouses in Albany and in Jersey City, a quantity of apples.
Read the full summary
Appeal by the defendant, the Eastern States Refrigerating Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1910, upon the report of a referee. The plaintiff, in October,' 1907, stored with the defendant company, at its cold storage warehouses in Albany and in Jersey City, a quantity of apples. "When the apples were removed in the fore part of April, 1908,. the plaintiff claims they were scalded, discolored; damp and iii- a damaged condition-, and seeks to recovér the damage caused…
1Dissent
Cochrane, J. (dissenting):
In October, 1907, plaintiff stored a quantity of apples in two cold storage warehouses of the defendant in Albany and one in Jersey City. In March and April, 1908, the apples in Jersey City and those in one of the compartments of one of the warehouses in Albany known as K-l were found to be in a defective ■ and poor condition. ■ A temperature of about thirty-one or thirty-two degrees Fahrenheit in cold storage compartments is necessary for the bést *138results in preserving apples- therein. It is the contention of the plaintiff that defendant allowed the temperature to…
2Cases cited8 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Mills v. GilbrethSupreme Judicial Court of Maine · 1860
- Liberty Insurance v. Central Vermont RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Buffalo Grain Co. v. . SowerbyNew York Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.