Dreyfuss v. Pennsylvania Railroad
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of defendant, after a trial by a judge without a jury.
1ConcurrencePendleton, J.
The action is by the consignee of certain onions against the railroad company carrier for damages for refusal to deliver. The *586answer is a denial, and a counterclaim for the balance due for freight. The following facts appear to be fairly established: Plaintiff purchased the onions in California and caused them to be shipped to his order over certain connecting lines, including the Brie railroad, to New York. The Erie not having a down town track connection in New York city turned them over to defendant. The goods arrived over the latter read August thirty-first, and plaintiff was duly…
2Cases cited5 opinions
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
- Loomis v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1913
- Berry Coal & Coke Co. v. Chicago, Peoria & St. Louis Railway Co.Missouri Court of Appeals · 1906
- Butler v. . MurrayNew York Court of Appeals · 1864
- Glover v. Cape Girardeau & Southern Railway Co.Missouri Court of Appeals · 1902