Murphy v. New York Central Railroad
New York Court of Appeals
Appeal from a judgment, entered January 15, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered January 15, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. While the Public Service Commissions Law does not expressly compel or authorize reparation by enforcement of its order by execution or other judicial process, the courts of the state, having jurisdiction of the…
1Opinion of the CourtCollin, J.
The plaintiffs seek to recover moneys charged by and paid the defendant for the use of track space occupied by freight cars, consigned to them, beyond a certain fixed or “ free ” time for unloading, known as “ track storage ” charges. The cars were all intrastate shipments, and were delivered to the plaintiffs between November first, 1907, and May twentieth, 1910. The charges were paid as follows: Twelve dollars on December seventeenth, 1907; twenty dollars on *551July twenty-seventh, 1908; fifty-eight dollars on December twenty-ninth, 1909; thirty-eight dollars on November eleventh, 1910, and…
2Cases cited11 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1912
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Baer Bros. Mercantile Co. v. Denver & Rio Grande RailroadSupreme Court of the United States · 1914
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3Cited by7 opinions
- Purcell v. New York Central R.R. Co.New York Court of Appeals · 1935
- Matter of Dry Dock, E.B. B.R.R. Co.New York Court of Appeals · 1930
- Watab Paper Co. v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1946
- Evans v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1953
- Evans v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1953
2 more not listed; retrieve them via the Exa API.