Legal Opinion
Uneeda Home Appliances, Inc. v. Long Island Rail Road
Appellate Terms of the Supreme Court of New York
Decided March 9, 1966PublishedCited by 4 opinions
1Per curiam
Plaintiff may not recover for damages to its goods in the absence of a showing that they were delivered to defendant carrier in a good condition (Orunstein v. New York Cent. R. R. Co., 179 App. Div. 465). This burden is not met by a recital in the bill of lading that the goods were received in apparent good order (Miller v. Hannibal & St. Joseph R. R. Co., 90 N. Y. 430; Jean, Garrison & Co. v. Flagg, 45 Misc. 421). In the interests of justice plaintiff should be afforded an opportunity to develop its proof on this aspect of the case.
The judgment should be unanimously reversed and a new trial…
2Cases cited3 opinions
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
- Orunsten v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Jean, Garrison & Co. v. FlaggAppellate Terms of the Supreme Court of New York · 1904
3Cited by4 opinions
- Ed Miniat, Inc. v. Baltimore and Ohio Railroad CompanyCourt of Appeals for the D.C. Circuit · 1978
- Bluebird Food Products Co. v. Baltimore & Ohio RailroadDistrict Court, E.D. Pennsylvania · 1971
- International Business Machines Corp. v. Root's Express, Inc., New York County Courts1971
- Sunrise Fruit Co. v. Chesapeake & Ohio Ry. Co.Richmond City Circuit Court · 1969