Hoye v. . Pennsylvania R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 13, 1906, affirming a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 13, 1906, affirming a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in holding that the failure of the plaintiff to present his claim within the period prescribed by the bill of lading could not be raised by the defendant, because such omission was not pleaded in the answer. (Frey v. N. Y. C. & H. R. R. R.…
1Opinion of the CourtHaight, J.
This action was brought against the Pennsylvania Bail.road Company and the Westcott Express Company to recover damages alleged to have been suffered by the plaintiff by reason of the destruction of a set of forty-cell storage batteries during transportation, which were shipped by the National Motor Vehicle Company at Indianapolis, Indiana, by the Pennsylvania Bailroad Company to the plaintiff in the city of New York.
The evidence tends to show that, upon the arrival of the batteries in New York at the foot of height street.the Pennsylvania Bailroad Company notified the plaintiff by telephone…
2Cases cited3 opinions
- Westcott v. . FargoNew York Court of Appeals · 1875
- Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
- Osterhoudt v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by11 opinions
- Cudahy Packing Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927
- Post v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1912
- Mercantile Bank of Americas, Inc. v. Panama R.District Court, S.D. New York · 1923
- Greenwald v. WeirAppellate Terms of the Supreme Court of New York · 1908
- Hyatt Roller Bearing Co. v. Pennsylvania RailroadSupreme Court of New Jersey · 1918
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