Becker v. Pennysylvania Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pennsylvania Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 20th day of February, 1905, upon the report of a referee.
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Appeal by the defendant, the Pennsylvania Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 20th day of February, 1905, upon the report of a referee. The action was commenced on the 3d day of July, 1903, to recover damages which the plaintiffs claim to have sustained because of the alleged neglect of the defendant to properly “ care for, store and protect ” three carloads of evaporated apples belonging to them, which were delivered to the Chesapeake and Ohio Railway Company for shipment to…
1Opinion of the Court
McLennan, P. J.:
The plaintiffs, who were copartners, delivered three carloads of evaporated apples, containing about 500 boxes each, to the Chesapeake and Ohio Railway Company at Staunton, Va., for shipment to Jersey City over its railroad and connecting lines, one of which was the railroad of the defendant which extended to said city. One of the cars left Staunton on September 30, another October 1, and the third October 8, 1901. On what dates they were received by the defendant or at what point on its railroad dóés not appear. The cars containing the apples arrived, however, at defendant’s…
2Cases cited3 opinions
- Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
- Redmond v. Liverpool, New York & Philadelphia Steamboat Co.New York Court of Appeals · 1871
- Draper v. . Prest., Etc., D. H.C. Co.New York Court of Appeals · 1889
3Cited by7 opinions
- State v. AshbyNew Jersey Superior Court Appellate Division · 1963
- Fidelity Union Trust Co. v. AckermanNew Jersey Superior Court Appellate Division · 1952
- Wien v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Dodge & Dent Manufacturing Co. v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- In Re McDougalNew Jersey Superior Court Appellate Division · 1959
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