Galloway v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 Orange on the 15th day of January, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of January, .1906, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Erie 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 Orange on the 15th day of January, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of January, .1906, denying the defendant’s motion for a new trial made upon the minutes. The cause of action alleged, by the complaint is for damages for injuries to cattle by negligent del£y in transit as freight on the defendant’s road. The plaintiff shipped 23 cows by the defendant’s road…
1Opinion of the Court
Gaynor, J.:
The law makes a common carrier liable as an insurer for the safe carriage and delivery of freight, the - acts of God and of public enemies excepted. The defendant is therefore liable unless the contract of shipment shields it. It contains the following clause' applicable to the case, viz.:
“ That in the event of any unusual delay or detention of said live stock, caused by the negligence of the said carrier, or its employees, or its connecting carriers, or their employees,, or otherwise, the said shipper agrees to accept as full compensation for all loss or damages sustained thereby,…
2Cases cited1 opinion
- Galloway v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Barnet v. CannizzaroAppellate Division of the Supreme Court of the State of New York · 1957
- People v. . Journal Co.New York Court of Appeals · 1914
- Carleton v. Union Transfer & Storage Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Chenango Textile Corp. v. WillockAppellate Division of the Supreme Court of the State of New York · 1936
- Concordia Collegiate Institute v. DukeAppellate Division of the Supreme Court of the State of New York · 1968
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