Legal Opinion

Walrath v. American Railway Express Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 1926PublishedCited by 1 opinion

1Opinion of the CourtSears, J.

The complaint alleges two causes of action. The first is for damage amounting to $302.59 arising from defendant’s failure for a period of eight days to furnish plaintiff a car for the transportation of horses as agreed. The second is for damages *85amounting to $903.92 in all for failure to furnish plaintiff with a proper car for the transportation of horses, and for neglect of its duty properly to feed, water and rest the horses during transportation. The answer besides denying all negligence and breach of duty contains affirmative defenses, as to the second cause of action, of contributory…

2Cases cited12 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
  3. Southern Pac. Co. v. ArnettCourt of Appeals for the Eighth Circuit · 1903
  4. Oregon-Washington R. & Nav. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1913
  5. United States v. Atlantic Coast Line R.Court of Appeals for the Fourth Circuit · 1909

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3Cited by1 opinion

  1. Clay v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1928

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