Killmer v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 25, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 25, 1883, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought by plaintiff, as assignee of the firm of Slawson Brothers, to recover an excess over what was alleged to be a reasonable charge for the transportation of milk over the Harlem railroad, of which road defendant was the lessee. The material facts are stated in the opinion. The defendant, as a common carrier, created such by…
1Opinion of the CourtAndrews, J.
We deem it unnecessary to consider the the question argued by counsel, whether the authority conferred upon the Harlem Railroad Company by its charter (Laws of 1831, chap. 263, § 21) to “ fix, regulate and receive the tolls and charges by them to be received for the transportation of property,” etc., enables the company or its lessees, as claimed in behalf of the defendant, to charge what it pleases, and abrogates as to them the obligation imposed upon common carriers by the common law, to carry goods delivered for carriage upon being paid a reasonable compensation. There is certainly much…
2Cited by4 opinions
- Root v. . L.I.R.R. Co.New York Court of Appeals · 1889
- Root v. Long Island RailroadNew York Court of Appeals · 1889
- Langdon v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1890
- E. D. Clough & Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914