Flinn v. Springsteel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gilbert J. Springsteel, from a judgment of the County Court of Westchester county in favor of the plaintiffs, entered in the office of the clerk of said county on the 24th day of July, 1919, upon the verdict of a jury rendered by direction of the court after a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes in an action to…
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Appeal by the defendant, Gilbert J. Springsteel, from a judgment of the County Court of Westchester county in favor of the plaintiffs, entered in the office of the clerk of said county on the 24th day of July, 1919, upon the verdict of a jury rendered by direction of the court after a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes in an action to recover damages for the conversion of certain steel rails.
1Opinion of the Court
Rich, J.:
The Pittsburgh Contracting Company, from whom plaintiffs acquired the rails in January, 1915, had contracted for the construction of that portion of the Catskill aqueduct known as contract 52 at Elmsford, N. Y. The construction plant was removed after the completion of the work in September or October, 1915, and the company paid defendant, who had acquired the property in April, 1915, for the privilege of storing it until it could be loaded and shipped. A construction railroad had also been laid for the purpose of conveying materials used in the work, and defendant removed and sold a…
2Cases cited4 opinions
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Bowdish v. . PageNew York Court of Appeals · 1897
- Latimer v. . BurrowsNew York Court of Appeals · 1900
- Bowdish v. PageNew York Supreme Court · 1894
3Cited by1 opinion
- Mandakis v. KahnAppellate Division of the Supreme Court of the State of New York · 1972