Burke v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie ¡Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered • in the office of the clerk of the county of New York on the 10th day of February, 1909, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of February, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action on an assigned claim to recover the value of sixty-six bales of tow shipped by the Barbour Flax Spinning Company over the defendant’s railroad from Paterson, FT. J., consigned to the Smith & Dove Manufacturing Company at Andover, Mass. It was conceded upon the trial that' on the 4th day of April, 1905, the Barbour Flax Spinning Company delivered to the defendant at Paterson, FT. J., one hundred and fifty-seven bales of tow for shipment to said consignee; that ninety-one bales only were carried to the destination and delivered to the consignee, and that the…
2Cases cited4 opinions
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Jonasson v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
- Springer v. WestcottNew York Supreme Court · 1894
- Rowan v. Wells, Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Bruce Glen, Inc. v. Emery Air Freight Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Lopez v. Henry Isaacs, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Guernsey v. Butterick Publishing Co.Appellate Terms of the Supreme Court of New York · 1914
- Rudolph Wurlitzer Co. v. BarrettAppellate Terms of the Supreme Court of New York · 1915