Grand v. Livingston
Appellate Division of the Supreme Court of the State of New York
: Appeal by the. defendant, Johnston Livingston, as president of Tiie National Express Company, from a judgment of the Supreme Court in favor, of the plaintiffs, entered in the office .of the clerk of the county of Erie on the 22d day of May, 1895, upon the verdict of a jury rendered after a-trial at the Erie.
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: Appeal by the. defendant, Johnston Livingston, as president of Tiie National Express Company, from a judgment of the Supreme Court in favor, of the plaintiffs, entered in the office .of the clerk of the county of Erie on the 22d day of May, 1895, upon the verdict of a jury rendered after a-trial at the Erie. Circuit, and 'also from an order entered in said clerk’s office on the 22d day of May, 1895; denying -the defendant’s motion for a new trial made upon the minutes.- The plaintiffs herein are co-partners in the business of purchasing and selling horses at East Buffalo in this State, and…
1Opinion of the Court
Adams, J.:
The question of the defendant’s negligence, as well as that of the contributory negligence of the plaintiffs’ representatives, was submitted to the jury upon evidence which was somewhat conflicting in its character, but which, it is conceded, was ample to support the verdict, and the only question presented by the record which appears 'to require serious examination is • that which arises upon the construction given by the trial court to the release which is embodied in the shipping contract entered into cotemporaneously with the delivery of the horses to the defendant. This…
2Cases cited10 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Russell v. . AllertonNew York Court of Appeals · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
- Haag v. BarnesNew York Court of Appeals · 1961
- Garrigue v. KellarIndiana Supreme Court · 1905
- LeRoy Dyal Co. v. AllenCourt of Appeals for the Fourth Circuit · 1947
14 more not listed; retrieve them via the Exa API.