Heyman v. Stryker
New York Supreme Court
Appeal from a judgment of the Municipal Court of the city of Mew York, first district, borough of Manhattan, in favor of the defendant.
1Opinion of the CourtBijur, J.
Plaintiff, a dealer in whiskies, delivered a case of whiskey worth twenty dollars and a barrel worth ninety-four dollars to defendant, a public truckman, for delivery to a named consignee. That defendant was a common carrier has been decided upon the appeal from a judgment entered on a prior trial of this case. 116 N. Y. Supp. 638.
-The articles were stolen while in defendant’s possession. The barrel of whiskey, however, was recovered by the police and deposited with the property clerk.
The learned judge below held that, because of his duty to mitigate the damage, the plaintiff should recover…
2Cases cited3 opinions
- Eten v. . LuysterNew York Court of Appeals · 1875
- Rollins v. Sidney B. Bowman Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Heyman v. StrykerAppellate Terms of the Supreme Court of New York · 1909
3Cited by1 opinion
- Reichert v. SpiessAppellate Division of the Supreme Court of the State of New York · 1922