Kellog v. Sowerby
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiffs, Spencer Kellogg and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term.
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Motion by the plaintiffs, Spencer Kellogg and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the Erie Trial Term. The action was commenced on the 5th day of July, 1900, to recover damages sustained during the year 1900, because of acts of the defendants, claimed to be illegal, done under and pursuant to an alleged unlawful combination and a conspiracy on their part to deprive the plaintiffs of a reasonable opportunity to profitably…
1Opinion of the Court
McLennan, P. J.:
The evidence very conclusively establishes that th¿ conditions under which the plaintiffs were compelled to operate their elevator, the Kellogg, during the year 1900, were less favorable for the successful conduct of such business than those which pertained to the other rail elevators, so called, at the port of Buffalo, although for all practical purposes the Kellogg was as conveniently located and equipped as any of the others; that thereby the plaintiffs were unable to earn as much as they would have done had such conditions been uniform. If such result was occasioned by the…
2Cases cited6 opinions
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Wight v. United StatesSupreme Court of the United States · 1897
- Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
- Chicago & Northwestern Railway Co. v. People ex rel. HempsteadIllinois Supreme Court · 1870
- Michael v. Prussian National InsuranceNew York Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sullivan v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1913
- Kellogg v. . SowerbyNew York Court of Appeals · 1907
- Peekskill Theatre, Inc. v. Advance Theatrical Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Lilly Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1911