Maller v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Municipal Court of the city of Hew Yoi’k, borough of Brooklyn, in favor of the- plaintiff, rendered on the 11th ' day of February, 1907.
1Opinion of the Court
Miller, J.:
Tins appeal is from a judgment rendered-against the defendant in an action for damages for failure to deliver merchandise delivered to it at Long Island City for shipment to Pittsburg, Penn, The only evidence of non-delivery consists of testimony of the plaintiff respecting a conversation had with the defendant’s freight agent in charge of the office where the merchandise was received by the defendant, and the exception to. the admission' of such evidence presents the only point argued by the appellant. .The shiment was made on the 26th of November, 1906. On the sixth of December…
2Cases cited2 opinions
- Price v. . PowellNew York Court of Appeals · 1850
- Curtis v. Avon, Geneseo & Mount Morris RailroadNew York Supreme Court · 1867
3Cited by1 opinion
- Wallace v. TaylorAppellate Division of the Supreme Court of the State of New York · 1923