Legal Opinion

Katz v. Cleveland

Appellate Terms of the Supreme Court of New York

Decided January 15, 1905PublishedCited by 8 opinions

Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, twelfth district, borough of Manhattan. " •

1Opinion of the CourtScott, J.

The action is not based upon the negligence of defendant, and no act of negligence is shown. The aption is for damages for “ breach of contract,” the alleged breach being a delay of one and one-half days in delivering a trunk full of samples, checked by one of plaintiff’s assignors, who was traveling as a passenger on defendant’s railroad. The damages allowed were $100, which plaintiff’s assignors claimed was the value of the lost time of the member of the firm who was carrying the samples with him on a selling trip. This amount was apparently arrived at by estimating that a Salesman, paid by…

2Cases cited3 opinions

  1. Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
  2. Brown v. WeirAppellate Division of the Supreme Court of the State of New York · 1904
  3. DeLeon v. McKernanAppellate Terms of the Supreme Court of New York · 1898

3Cited by8 opinions

  1. Hines v. DennyCourt of Appeals of Kentucky · 1921
  2. Bridge v. New York Central & Hudson River RailroadNew York Supreme Court · 1914
  3. Wallen Co. v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1915
  4. Barney v. Delaware, Lackawanna & Western RailroadAppellate Terms of the Supreme Court of New York · 1908
  5. Bracco v. Merchants' Despatch Transportation Co.Appellate Terms of the Supreme Court of New York · 1908

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