Loomis v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Appeal from a judgment entered November 21, 1911, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division; denying a motion for a new trial and directing judgment for plaintiffs upon the verdict rendered in their favor at the Trial Term.
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Appeal from a judgment entered November 21, 1911, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division; denying a motion for a new trial and directing judgment for plaintiffs upon the verdict rendered in their favor at the Trial Term. The action was brought to recover the cost of lumber which the plaintiffs, as shippers of produce over defendant’s railroad, bought and used for the purpose of making certain freight cars furnished by the defendant…
1Opinion of the CourtWerner, J.
The first question to be considered is whether, independently of the Federal and State statutes, the defendant was subject to a common-law duty to its shippers to furnish them cars equipped with bin doors or bulkheads for the shipment of grain and other produce in bulk. This question need not be discussed at length. It is the settled law that a common carrier must provide itself with vehicles which are safe and sufficient for the purpose intended. (Hutchinson on Carriers, sec. 497; Cin., N. O. & T. P. Ry. Co. v. Fairbanks (& Co. 90 Fed. Rep. 467; Chicago & Alton R. R. Co. v. Davis, 159 Ill.…
2Cases cited13 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
- New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
- Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Loomis v. Lehigh Valley RailroadSupreme Court of the United States · 1916
- People Ex Rel. Cusick v. . DalyNew York Court of Appeals · 1914
- Reaves v. . Mill Co.Supreme Court of North Carolina · 1939
- Chicago, R. I. & P. Ry. Co. v. Lawton Refining Co.Court of Appeals for the Eighth Circuit · 1918
- Reaves v. Earle-Chesterfield Mill Co.Supreme Court of North Carolina · 1939
18 more not listed; retrieve them via the Exa API.