Legal Opinion

Jennings v. Grand Trunk Railway

New York Court of Appeals

Decided October 6, 1891PublishedCited by 46 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. For shipment and transportation to East St. Louis, Illinois, J. H. Shanley & Co. caused to be delivered to the defendant and the latter received potatoes at the time, places and in the quantities following: April 18, 1881, at Prescott, Canada, 401 bushels; April 18, 1881, at Edwardsburgh, Canada, 812 bushels ; April 18, 1881, at Brockville, Canada, 400 bushels ; April…

1Opinion of the CourtBradley, J.

The place to which the potatoes were consigned was beyond the line of the defendant’s railway, and unless it had contracted to transport them further than the western terminus of its road, the duty of the defendant required it only to diligently convey the potatoes to that point and there deliver them to the connecting carrier. (Rawson v. Holland, 59 N. Y. 611.)

But the conclusion of the referee was that the defendant undertook to deliver the potatoes at East St. Louis. If that proposition is supported, the defendant was responsible for the consequences of any default or want of reasonable…

2Cases cited12 opinions

  1. Express Co. v. CaldwellSupreme Court of the United States · 1875
  2. Westcott v. . FargoNew York Court of Appeals · 1875
  3. Quimby v. . VanderbiltNew York Court of Appeals · 1858
  4. Magnin v. . DinsmoreNew York Court of Appeals · 1874
  5. Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871

7 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. The Arctic BirdDistrict Court, N.D. California · 1901
  2. Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MitchellIndiana Supreme Court · 1910
  4. Doughnut MacH. Corporation v. BibbeyCourt of Appeals for the First Circuit · 1933
  5. Barry v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1901

41 more not listed; retrieve them via the Exa API.

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