Barnet v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 6, 1915, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The shipments involved in this action were interstate, and the rule of liability applicable to the transaction is that laid down by the Federal courts. (Southern Ry.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 6, 1915, affirming a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The shipments involved in this action were interstate, and the rule of liability applicable to the transaction is that laid down by the Federal courts. (Southern Ry. Co. v. Prescott, 240 U. S. 632; Barstow v. N. Y., N. H. & H. R. R. Co., 158 App. Div. 665; Adams Express Co. v. Croninger, 226 U. S. 491; Kansas City…
1Opinion of the CourtAndrews, J.
On March 26,1913, the plaintiffs shipped a carload of goods over the defendant’s road from Rensselaer, New York, to a point in Maine. On the next morning this car was carried to the defendant’s freight yard at Troy, New York, and left there on a switch track near a car containing unslacked lime. These yards were situated on the bank of the Hudson river. On the night of the 26th the water of the river had begun to rise. This rise was rapid, amounting to a fifth of a foot an hour until noon of the 27th, at which time it must have reached the tracks. Thereafter it continued to rise at the rate…
2Cases cited10 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
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- Nicholas Zeo, Inc. v. Railway Express Agency, Inc.Massachusetts Supreme Judicial Court · 1944
- Baltimore & O. R. v. Johl & BergmanMississippi Supreme Court · 1938
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