Barnes v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 23d day of May, 1905, in part upon the verdict of a jury and in part upon the decision of the court rendered after a’trial at the Queens County Trial Term, as amended, and also from an order entered in said clerk’s office on the 23d day of May, 1905, denying the defendant’s motion' for a…
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Appeal by the defendant, The Long Island Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 23d day of May, 1905, in part upon the verdict of a jury and in part upon the decision of the court rendered after a’trial at the Queens County Trial Term, as amended, and also from an order entered in said clerk’s office on the 23d day of May, 1905, denying the defendant’s motion' for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiffs delivered twenty-nine yearling colts and fillies to the Adams Express Company at Lexington, Ky., under a written contract with the said company for through shipment' by it to Sheepshead Bay, JST. Y., the freight being paid in advance. During the time that the said colts and fillies were in transit over the defendant’s lines an accident occurred resulting in injury to- many of these animals, and the verdict of the jury clearly establishes the negligence of the defendant, charging it with liability, the jury having assessed the damages at $30,000.
The contract under…
2Cases cited1 opinion
- Barnes v. Long Island RailroadNew York Supreme Court · 1905
3Cited by5 opinions
- Greenwald v. WeirAppellate Terms of the Supreme Court of New York · 1908
- Carstens Packing Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1911
- Shwartz v. FargoAppellate Division of the Supreme Court of the State of New York · 1911
- Shwartz v. FargoAppellate Division of the Supreme Court of the State of New York · 1911
- Wimpfheimer v. A. T. Demarest & Co.Appellate Terms of the Supreme Court of New York · 1912