Bills v. . New York Central Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial - department, in favor of plaintiff, entered upon an order made April 8, 1880, overruling defendant’s exceptions, which were ordered to be heard at first instance at General Term and directing judgment on the verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial - department, in favor of plaintiff, entered upon an order made April 8, 1880, overruling defendant’s exceptions, which were ordered to be heard at first instance at General Term and directing judgment on the verdict. This action was brought to recover damages for alleged negligence of the defendant in the performance of a contract as a common carrier for the transportation of eight car-loads of cattle. A memorandum of decision on former appeal will be found in 53 N. Y. 608. The plaintiff’s cattle were…
1Opinion of the CourtFinch, J.
On a former appeal * we held in this case that the defendant was not bound to unload the cattle, when the train was stopped near Palatine Bridge by the overflow of the Mohawk, and could not be made liable for such omission or re fusai. But we also held that it was the duty of the defendant’s agents in charge of the train, upon reasonable request, to so place the cars loaded with plaintiff’s cattle as to be convenient to the usual and .accessible means of unloading, if that was practicable, and that a failure to do so carried with it a liability for resultant damages.
The case was tried the…
2Cases cited1 opinion
- Bills v. . the New York Central Railroad CompanyNew York Court of Appeals · 1873
3Cited by10 opinions
- People v. . AlfaniNew York Court of Appeals · 1919
- Kennedy v. McAllasterAppellate Division of the Supreme Court of the State of New York · 1898
- Palmer Electric & Manufacturing Co. v. Underwriters' Laboratories, Inc.Massachusetts Supreme Judicial Court · 1933
- Chicago & E. I. R. R. v. RouseAppellate Court of Illinois · 1898
- Guliano v. WhitenackNew York Court of Common Pleas · 1894
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