Tucker v. Pennsylvania Railroad
New York Court of Common Pleas
Appeal from city court, general term. Action by Robert A. Tucker against the Pennsylvania Railroad Company. From a judgment of the city court (30 N. Y. Supp. 811) affirming a judgment entered on a verdict in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBischoff, J.
Plaintiff delivered to the defendant 40 boxes of lemons for transportation from New York to Milwaukee. While in transit the goods were injured by frost, and the plaintiff recovered for the injury upon the theory that it occurred through the defendant’s negligent manner of shipment. To us it clearly appears that upon the issues submitted to the jury there was no evidence to charge the defendant with negligence, or with any breach of its legal duty to the plaintiff. The damage to the goods is claimed to have occurred by reason of their shipment in a “box car” at a time when the temperature was…
2Cases cited1 opinion
- Tierney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
3Cited by1 opinion
- Tucker v. Pennsylvania RailroadNew York Court of Common Pleas · 1895