Orr v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Baltimore and Ohio Railroad Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of December, 1914, overruling its demurrer to the amended complaint.
1Opinion of the Court
Laughlin, J.:
The amended complaint contains two counts. The plaintiff claims that they both sound in tort and are to recover the same damages on different theories; but the defendant contends that one is on contract and the other is in tort. The action is brought on an assigned claim for the loss of freight. It is alleged in the first count that the defendant, on the 19th day of September, 1912, at Philadelphia, Penn., as a common carrier for hire, received from M. Gottesman & Son 516 bales of wood pulp of the value of $4,365.90, and for a valuable consideration promised and agreed “ to hold…
2Cases cited9 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Southworth v. . MorganNew York Court of Appeals · 1912
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by6 opinions
- McCrory Corp. v. FowlerCourt of Appeals of Maryland · 1990
- Sheafer v. Joseph Breen, Inc.Appellate Division of the Supreme Court of the State of New York · 1941
- Brody v. Save Way Northern Boulevard, Inc.New York Supreme Court · 1962
- Brookins v. Pennsylvania RailroadNew York Supreme Court · 1952
- Town of Porter v. Chem-Trol Pollution Services, Inc.New York Supreme Court · 1977
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