Smith v. New York Central Rail Road
New York Supreme Court
THIS is an action brought for the recovery of damages alleged to have occurred to .certain merchandise, through the negligence of the defendant as a common carrier, on or about the first day of February, 1857. The property in question, and the claim for damage thereto, was assigned by the vendee, Milliman, to these plaintiffs, before the commencement of this action.
Read the full summary
THIS is an action brought for the recovery of damages alleged to have occurred to .certain merchandise, through the negligence of the defendant as a common carrier, on or about the first day of February, 1857. The property in question, and the claim for damage thereto, was assigned by the vendee, Milliman, to these plaintiffs, before the commencement of this action. The action came on to be tried at the Monroe circuit, in April, 1864, before his honor J ames 0. Smith, justice, and a jury. The plaintiffs proved that January 29, 1857, Smith, Palmer & Co. delivered to the Western Bail Boad…
1Opinion of the Court
By the Gourt,
Johnson, J.
The action was brought against the defendant as a common carrier, to recover damages alleged to have been done to the goods of the plaintiffs’ assignee, while in the defendant’s possession as such carrier, by carelessness and negligence. The plaintiffs, to maintain the action, proved the delivery of the property in good order to the Western Rail Road Company, in .Massachusetts, to be transported to R. Milliman in Rochester, Hew York; that the rail road of that company connected with. the defendant’s rail road at Albany; that the goods were delivered to Milliman at…
2Cases cited3 opinions
- Sleeper v. Van MiddlesworthNew York Supreme Court · 1847
- Walrod v. BallNew York Supreme Court · 1850
- Burtis v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1862
3Cited by43 opinions
- The People v. . SnyderNew York Court of Appeals · 1869
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
38 more not listed; retrieve them via the Exa API.