R. H. Macy & Co. v. Pennsylvania Transportation Co.
City of New York Municipal Court
1Opinion of the CourtCurtin, J.
The defendant admits liability, and the only question is the amount which the plaintiff is entitled to recover. The plaintiff contends it is entitled to the full actual damage sustained, while the defendant contends that the plaintiff is limited to a proportion under clause 2 of the shipping receipt. The cases relied on by the defendant all involved interstate shipments where the rights and liabilities of the parties were controlled by the Interstate Commerce Act and the decisions of the Federal courts. The defendant is a common carrier, but not subject to the Interstate Commerce Act, and,…
2Cases cited3 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Duplan Silk Co. v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1915
- Carleton v. Union Transfer & Storage Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- R. H. Macy & Co. v. Pennsylvania Transportation Co.Appellate Terms of the Supreme Court of New York · 1933