Burns Grain Co. v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie Railroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of December, 1917, sustaining a demurrer to the third separate defense set up in the answer. An appeal is also taken, as stated in the notice of appeal, from the decision of the court pursuant to which the judgment was entered.
1Opinion of the Court
Hubbs, J.:
The complaint in this action alleged that on or about February 1, 1916, the plaintiff delivered to the defendant as a common carrier for transportation from Buffalo, N. Y., to Port Jervis, N. Y., a carload of yellow corn in good condition; that the defendant for a good consideration accepted the corn *170and agreed to carry it safely from Buffalo, N. Y., to Port Jervis, N. Y., and to deliver it in good condition. The complaint also alleged that the defendant negligently and carelessly delayed the carriage and transportation thereof many days and by, reason thereof the plaintiff was…
2Cases cited4 opinions
- Eastern R. Co. of NM v. LittlefieldSupreme Court of the United States · 1915
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Wibert v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Place v. Union Express Co.New York Court of Common Pleas · 1858
3Cited by1 opinion
- Atlantic Fruit Co. v. Pennsylvania RailroadCourt of Appeals of Maryland · 1925