Schroeder v. Hudson River Railroad
The Superior Court of New York City
Appeal on behalf of the defendants from a judgment entered upon the direction of a Judge for the sum of $507.72. The action was tried before the Judge without a jury, a jury trial having been waived in open court by the respective parties. By a written consent the two other causes of Otte and of Duerkop, against the company, were to be tried upon the same evidence, and at the same time. Judgments have been entered in these cases, and an appeal is taken in each.
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Appeal on behalf of the defendants from a judgment entered upon the direction of a Judge for the sum of $507.72. The action was tried before the Judge without a jury, a jury trial having been waived in open court by the respective parties. By a written consent the two other causes of Otte and of Duerkop, against the company, were to be tried upon the same evidence, and at the same time. Judgments have been entered in these cases, and an appeal is taken in each. The decision of the Judge at Special Term contains a statement of the material facts, and is as follows:— Special Term, March 28,…
1Opinion of the Court
By the Court, Duer, J.
The question whether a railroad company can make a valid contract for the transportation of freight beyond the limits of its own road, as their limits are fixed by its charter, as we understand the decision of the Court of Appeals, in West v. The Rensselaer and Saratoga R. R. Co., (4 Selden, 37,) must now be regarded as finally settled. It is only upon the supposition that such a contract is valid, that the decision in that case can be explained. It is, therefore, needless to refer to the recent decisions *62in England, or to prior decisions in onr own courts, which,…
2Cases cited2 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gibson v. CulverNew York Supreme Court · 1837
3Cited by10 opinions
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Baltimore & Philadelphia Steamboat Co. v. BrownSupreme Court of Pennsylvania · 1867
- Clark v. MastersThe Superior Court of New York City · 1857
- Wait v. Albany & Susquehanna RailroadNew York Supreme Court · 1871
- Gray v. JacksonSupreme Court of New Hampshire · 1871
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