Legal Opinion

Clark v. . Ulster Delaware R.R. Co.

New York Court of Appeals

Decided June 14, 1907PublishedCited by 16 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The shipping order and live stock contracts signed hy the plaintiff before the delivery and loading of the stock made the contract between the par-. ties and controlled. It was error on the part of the trial justice to admit evidence of prior negotiations and…

1Opinion of the CourtWillard Bartlett, J.

The plaintiff in this action has

recovered a verdict against the defendant for damages sustained by him in consequence of the defendant’s breach of a contract whereby it undertook to furnish a car at certain stations upon its line for the shipment by the plaintiff of a lot of live stock to Kingston and thence by the West Shore railroad to the city of Hew York. The judgment entered upon the verdict has been unanimously affirmed by the Appellate Division, and the principal question presented by the defendant’s appeal to this court is whether the interviews between the plaintiff and the…

2Cases cited6 opinions

  1. Easton v. DudleyTexas Supreme Court · 1890
  2. Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
  3. Waldron v. . FargoNew York Court of Appeals · 1902
  4. Gulf, Colorado & Santa Fe Railway Co. v. WatkinsCourt of Appeals of Texas · 1905
  5. Hoffman Heading & Stave Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Davis v. CornwellSupreme Court of the United States · 1924
  2. Oregon R. & Navigation Co. v. DumasCourt of Appeals for the Ninth Circuit · 1910
  3. American Livestock & Loan Co. v. Great Northern Ry. Co.Montana Supreme Court · 1914
  4. Chattanooga Southern Railroad v. ThompsonSupreme Court of Georgia · 1909
  5. Central of Georgia Railway Co. v. Sigma Lumber Co.Supreme Court of Alabama · 1910

11 more not listed; retrieve them via the Exa API.

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