Baird v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, 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 Erie on the 8th day of May, 1911, upon the decision of the court rendered after a trial at the Erie Special Term, and also from an order entered in said clerk’s office on the 4th day of May, 1911, granting the plaintiff an extra allowance.
1Opinion of the Court
Robson, J.:
Plaintiff’s recovery represents the ' amount of overcharge paid by the Union Iron Works, Buffalo, 1ST. Y., a corporation, -to the defendant Erie Railroad Company for switching service between the 13th day of September, 1899, and the 10th day of October, 1900. This claim was assigned by the receiver of the former company to plaintiff. The action is brought by plaintiff as such assignee and also as assignee of the rights and claims of the Union Iron Company of Buffalo under the contract hereinafter referred to. If a recovery of any sum is warranted, the amount is not in controversy.
Th…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Curtis v. . AlbeeNew York Court of Appeals · 1901
- Thompson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Baird v. Erie RailroadNew York Supreme Court · 1911
3Cited by5 opinions
- Heath v. StateAppellate Division of the Supreme Court of the State of New York · 1951
- Polhamus v. HinesNew York Supreme Court · 1926
- In re the Estate of LeshukNew York Surrogate's Court · 1936
- Polesir v. All Borough Transportation Corp.City of New York Municipal Court · 1940
- Lockwood v. SmithNew York Supreme Court · 1913