Erie Railroad v. Waite
New York Supreme Court
Appeal from Municipal Court of Buffalo from judgment in favor of defendant upon Ms motion for a nonsuit. Action to recover demurrage charges for delay of cars by defendant, consignee.
1Opinion of the CourtPound, J.
At the close of the plaintiffs’ case, defendant’s motion for a nonsuit, based on the broad general ground “ That the plaintiffs had failed to make out a cause of action,” was granted.
The inference is permissible from the evidence that the cars in suit came into defendant’s possession from the plaintiffs and were accepted and detained by him. The case was tried and decided on that theory, and that theory will govern this court for the purpose of review. Stapenhorst v. Wolff, 65 N. Y. 596.
The appellate court will not review a question which was not raised in the court below with sufficient…
2Cases cited5 opinions
- Dayton v. . ParkeNew York Court of Appeals · 1894
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
- Kentucky Wagon Manufacturing Co. v. Ohio & Mississippi Railway Co.Court of Appeals of Kentucky · 1895
- Stapenhorst v. . WolffNew York Court of Appeals · 1875
- Conkling v. Brooklyn Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- CSX Transportation Co. v. Novolog Bucks CountyCourt of Appeals for the Third Circuit · 2007
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Zarati SS Co. v. Park Bridge CorporationCourt of Appeals for the Second Circuit · 1946
- State v. MarinoSupreme Court of Vermont · 1917
- CSX Trans Co v. Novolog Bucks CtyCourt of Appeals for the Third Circuit · 2007
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