Burtis v. . the Buffalo and State Line Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Action for damages arising from the failure of the defendant, a corporation created by this State, to deliver a quantity of fruit trees at the time specified by a contract between the parties. The trial was before a referee, who found these facts: On the 24th October, 1855, the plaintiff, a nurseryman, at Rochester, agreed with, the general freight agent of the defendant for the transportation, from.
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Appeal from the Supreme Court. Action for damages arising from the failure of the defendant, a corporation created by this State, to deliver a quantity of fruit trees at the time specified by a contract between the parties. The trial was before a referee, who found these facts: On the 24th October, 1855, the plaintiff, a nurseryman, at Rochester, agreed with, the general freight agent of the defendant for the transportation, from. Buffalo to Chicago, of a large number of young fruit trees, which were designed, and the agent was so informed, for planting that fall. The agent agreed that they…
1Opinion of the CourtDenio, J.
The effect of the finding of the referee is, that Starke, the defendants’ freight agent, had authority to make any contract for the transportation of property which the defendants could lawfully make by any instrumentality whatever. The language of the finding is, that said Starke was the defendants’ acting freight agent, or master of transportation, and, as such, was authorized to receive property, to make contracts for such transportation, and to act as the general agent of such Company in that department of its business. We are to intend that this determination of the question touching his…
2Cases cited1 opinion
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
3Cited by14 opinions
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Smeltzer v. St. Louis & S. F. R.U.S. Circuit Court for the District of Western Arkansas · 1908
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
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