McKinney v. . Jewett
New York Court of Appeals
AlPpead from a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 25, 1881, which affirmed an order of Special Term, denying a motion for a new trial and directed judgment in favor of plaintiffs, on a verdict.
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AlPpead from a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 25, 1881, which affirmed an order of Special Term, denying a motion for a new trial and directed judgment in favor of plaintiffs, on a verdict. (Reported below, 24 Him, 19.) This action was brought against defendant, who, as the receiver of the Erie Railway Company, was operating that road, to recover damages to a cargo of green hams and shoulders purchased by plaintiff at Chicago, consigned* to them at Bing^ hamton. The material facts appear in the opinion.…
1Opinion of the CourtFinch, J.
The defense in this case was rested mainly upon the terms of the shipping bill or receipt. That provided in substance that the carriers should not be liable as such while the goods were “ at any of their stations awaiting delivery ” to the consignee ; and that during such period the carriers should be liable only as warehousemen. The property transported was a quantity of hams, shipped at Chicago and reaching Binghamton, which was the point of delivery, in due season and within the ordinary time. They arrived on Thursday. Ho notice of their arrival was given to the consignees. The latter,…
2Cases cited4 opinions
- Zinn v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Gleadell v. . ThomsonNew York Court of Appeals · 1874
- McAndrew v. . Whitlock, Jr.New York Court of Appeals · 1873
- People v. IsaacsonNew York Court of Appeals · 1978
3Cited by13 opinions
- Texas & Pacific Railway Co. v. ReissSupreme Court of the United States · 1902
- Close v. FlesherNew York Court of Common Pleas · 1894
- Reiss v. Texas & P. Ry. Co.Court of Appeals for the Second Circuit · 1899
- Thyll v. New York & Long Branch RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Bacharach v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1911
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