Hedges v. Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming order denying motion for new trial. The action was brought against defendant as a common carrier, to recover the value of a portion of a car-load of paper which was burned at defendant’s freight station in the city of New York.
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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming order denying motion for new trial. The action was brought against defendant as a common carrier, to recover the value of a portion of a car-load of paper which was burned at defendant’s freight station in the city of New York. The paper was shipped to plaintiffs from Fulton, N. Y. The car containing the paper arrived at defendant’s freight station in New York at 7 a. m., May 23d. The plaintiffs received notice of its arrival…
1Opinion of the CourtFolgbr, J.
The defendant remained liable as common carrier of the paper until the plaintiffs had a reasonable time to remove it, after notice of its arrival at ‘the depot in New York city. (Fenner v. Buff. and St. Line R. R. Co., 44 N. Y., 505.) What is such reasonable time is, when there is no dispute as to the facts, a question of law for the court. (Roth v. Buff. and St. L. R. R. Co., 34 N. Y., 548.)
We do not perceive that there is here any dispute as to the material facts. It is certain that with three or four trucks, all the paper could easily have been hauled away before the close of defendant’s…
2Cases cited2 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
3Cited by2 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Spears v. Spartanburg, Union & Columbia RailroadSupreme Court of South Carolina · 1878