Burke v. . Union Pacific R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 31, 1917, in favor of plaintiff upon the submission of a controversy pursuant to section 1279 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCollin, J.
The plaintiff, in virtue of an assignment vesting in him the right, seeks to recover the sum of the invoice price or value of goods destroyed while in the possession of the defendant as a common carrier, to wit, the sum of $17,549.01. The defendant, conceding a liability, asserts that, because of the agreed valuation of the goods and a corresponding limitation, it does not exceed the sum of $5,600. The Appellate Division gave the plaintiff judgment for the latter sum, with interest.
The goods, consisting of fifty-six cases, were delivered, March 10, 1915, at Yokohama, Japan, to the Pacific…
2Cases cited22 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
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3Cited by33 opinions
- Conklin v. Canadian-Colonial Airways, Inc.New York Court of Appeals · 1935
- South & Central American Commercial Co. v. Panama RailroadNew York Court of Appeals · 1923
- National Blouse Corp. v. FelsonAppellate Division of the Supreme Court of the State of New York · 1948
- O. K. Display Fixture Co. v. American Railway Express Co.City of New York Municipal Court · 1923
- W. R. Grace & Co. v. Railway Express Agency, Inc.New York Court of Appeals · 1960
28 more not listed; retrieve them via the Exa API.