Root v. . the Great Western R.R. Co.
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, of the late seventh judicial district, affirming the judgment of a referee in favor of the plaintiff. (Reported below in 2 Lans, 199.) Tb e defendant was a Canadian corporation and á common carrier between Suspension Bridge, in the State of Mew York, and Detroit, in the State of Michigan. Its route was from Suspension Bridge by rail to Windsor, Canada, and thence across the Detroit River by ferry to Detroit.
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Appeal from the judgment of the General Term of the Supreme Court, of the late seventh judicial district, affirming the judgment of a referee in favor of the plaintiff. (Reported below in 2 Lans, 199.) Tb e defendant was a Canadian corporation and á common carrier between Suspension Bridge, in the State of Mew York, and Detroit, in the State of Michigan. Its route was from Suspension Bridge by rail to Windsor, Canada, and thence across the Detroit River by ferry to Detroit. It had arrangements with the Michigan Southern Railroad Company, whereby the latter received from the defendant, at…
1Opinion of the CourtRapallo, J.
The findings of the referee, as set forth in the case, differ somewhat from those in the report, and contain three statements of fact which are excepted to on the ground that there was no evidence to sustain them, viz.: 1st. That the defendant had an agreement with the Michigan Southern Railroad Company to cany freight along its line west. 2d. That the two companies had connecting roads at Detroit. And, 3d. That the defendant received the property in question at Suspension Bridge “to carry and transport to its destination of Burr Oak.”
It has been heretofore held that a finding without any…
2Cases cited3 opinions
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Burtis v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1862
- Putnam v. . HubbellNew York Court of Appeals · 1870
3Cited by34 opinions
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- Babcock v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1872
- Smeltzer v. St. Louis & S. F. R.U.S. Circuit Court for the District of Western Arkansas · 1908
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
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