Lyon v. Western New York & P. Railroad
New York Supreme Court
Appeal from Allegheny county. Action by Frank B. Lyon against the Western New York & Pennsylvania Railroad Company. From a judgment of the county court reversing a judgment recovered in the justice’s court for $78.63, damages sustained by plaintiff by the alleged negligence of defendant in failing to deliver a quantity of eggs shipped by plaintiff on defendant’s road at the village of Cuba, defendant appeals.
1Opinion of the CourtLewis, J.
The plaintiff, on the 8th day of July, 1889, at the village of Cuba, shipped by the defendant’s road 900 dozen of eggs, consigned to a firm at Wilkesbarre, Pa., which the defendant, for value received, agreed to transport with reasonable dispatch, and deliver to plaintiff’s consignees at Wilkesbarre, in the state of Pennsylvania. Plaintiff claimed that the defendant failed to perform its agreement with reasonable dispatch, and, in consequence of such negligence, the eggs, when delivered, were in a decayed and broken condition, to plaintiff’s damage. The evidence as returned by the *533justice is…
2Cases cited1 opinion
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
3Cited by1 opinion
- Vogel v. WeissmannCity of New York Municipal Court · 1898