Osterhoudt v. Southern Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Southern Pacific Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 7th day of March, 1899, upon the verdict of a jury, and also from an order bearing date the 20th day of February, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Southern Pacific Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 7th day of March, 1899, upon the verdict of a jury, and also from an order bearing date the 20th day of February, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The defendant is a foreign corporation, created under the laws of the State of Kentucky, and is a common carrier for hire. The plaintiff’s complaint alleges that. at various times between…
1Opinion of the Court
Herrick, J.::. I think it was practically undisputed upon the trial that the defendant delivered the stone consigned to the Rosetta Gravel, Paving and Improvement Company to the Illinois Central Railroad Company by the direction of said Rosetta Company, and that such stone was then transported either to the yard of said Rosetta Company or to the street or streets where it was engaged in doing work, and where said stone was required. The delivery, by the defendant to the Illinois Central Railroad Company, pursuant to such directions, was a delivery to. the consignee. '
There was evidence to…
2Cases cited6 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Westcott v. . FargoNew York Court of Appeals · 1875
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
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3Cited by6 opinions
- The WestminsterCourt of Appeals for the Third Circuit · 1904
- Hoye v. . Pennsylvania R.R. Co.New York Court of Appeals · 1908
- Southern Ry. Co. v. Mooresville Cotton MillsCourt of Appeals for the Fourth Circuit · 1911
- Henry v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1915
- Atchison, Topeka & Santa Fe Railway Co. v. CoffinArizona Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.