Meyers v. Cleveland, Cincinnati, Chicago & St. Louis Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cleveland, Cincinnati, Chicago and St. Louis Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 21st day of February, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office of the 25th day of July, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
This action was brought against the defendant railroad company, the initial carrier, for its negligence and that of connecting carriers in roughly and negligently handling a carload of horses shipped by the plaintiff to himself, from Warsaw, Ind., *454to East Buffalo, N. Y., on December 31, 1914. -The shipment was an interstate shipment upon a through bill of lading which contained a stipulation known as the “ limited liability live stock contract,” which provided that the carrier should not be liable for damages growing out of the shipment unless a verified, written claim for such…
2Cases cited3 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Erie Railroad v. StoneSupreme Court of the United States · 1917
- Metz Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
3Cited by2 opinions
- Scheinman v. AirlinesCivil Court of the City of New York · 1971
- Dworsky v. Pennsylvania RailroadNew York Supreme Court · 1936