Legal Opinion

Bernhardt v. American Railway Express Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1926PublishedCited by 14 opinions

1Opinion of the CourtDavis, J.

The defendant received at Cleveland, 0., two trunks for transportation to a consignee at 35 Spruce street, Buffalo. The trunks having arrived at Buffalo by rail, defendant on the morning of July 4, 1925, sent a truck to deliver them at the address given. On arriving there the driver learned it was a house in which several families resided. He rapped at the rear door which was opened by plaintiff. The driver made inquiry and ascertained that the consignee resided upstairs in the rear but was temporarily *196.absent. Evidently the driver stated his errand and plaintiff says asked “ a hand with the…

2Cases cited5 opinions

  1. Cannon v. . FargoNew York Court of Appeals · 1918
  2. Richardson v. Babcock & Wilcox Co.Court of Appeals for the First Circuit · 1910
  3. Geibel v. ElwellAppellate Division of the Supreme Court of the State of New York · 1897
  4. Mandala v. WellsAppellate Division of the Supreme Court of the State of New York · 1925
  5. Langan v. TylerCourt of Appeals for the Second Circuit · 1902

3Cited by14 opinions

  1. Bogart v. HesterNew Mexico Supreme Court · 1959
  2. Western Truck Lines, Ltd. v. DuvaullArizona Supreme Court · 1941
  3. Mercante v. Hygrade Food Products Corp.Appellate Division of the Supreme Court of the State of New York · 1940
  4. Standard Oil Co. v. AdamsCourt of Appeals of Kentucky (pre-1976) · 1937
  5. Giglio v. RubinAppellate Division of the Supreme Court of the State of New York · 1951

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