Mynard v. Syracuse, Binghamton & New York Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, reversing a judgment of the County Court of Cortland county, which affirmed the judgment of a justice of the peace in favor of plaintiff. (Reported below, 7 Hun, 399.) This action was brought to recover damages for the loss of a steer, while being transported on defendant’s road from Syracuse to Binghamton.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, reversing a judgment of the County Court of Cortland county, which affirmed the judgment of a justice of the peace in favor of plaintiff. (Reported below, 7 Hun, 399.) This action was brought to recover damages for the loss of a steer, while being transported on defendant’s road from Syracuse to Binghamton. The contract of shipment contained this clause: “In consideration that the said company have, at our request, agreed to transport said stock at said reduced rate, we do hereby agree to, and do…
1Opinion of the Court
Church, Ch. J.
The parties stipulated that the animal was lost by reason of the negligence of some of the employees of the defendant without the fault of the plaintiff. The defense rested solely upon exemption from liability contained in the contract of shipment by which, for the consideration of a reduced rate, the plaintiff agreed to “ release and dis charge the said company from all claims, demands, and liabilities of every kind whatsoever for or on account of, or connected with, any damage or injury to or the loss of said stock, or any portion thereof, from whatsoever cause arising.”
The…
2Cases cited5 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Merritt v. . EarleNew York Court of Appeals · 1864
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Wells and Tucker v. . the Steam Navigation CompanyNew York Court of Appeals · 1853
- Cragin v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by76 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Perry v. PayneSupreme Court of Pennsylvania · 1907
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Pittsburgh Steel Co. v. Patterson-Emerson-Comstock, Inc.Supreme Court of Pennsylvania · 1961
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