Bers v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Joseph L. Bers and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of June, 1916, upon a dismissal of the complaint by direction of the court at the close of the case.
1Opinion of the Court
Scott, J.:
•The action is against a common carrier for damages for the loss of merchandise delivered, or alleged to have been delivered, to defendant at Passaic, N. J., for transportation to New York city. The only question which is necessary to discuss is as to the construction and applicability to the facts proven of a certain clause in the bill of lading issued by defendant. The merchandise was loaded by the shipper, L. Chirichello & Sons, upon a car belonging to defendant which had been placed for the purpose of loading upon a siding in front of the shipper’s warehouse. The character of…
2Cited by2 opinions
- Yazoo & Mississippi Valley Railroad v. Nichols & Co.Supreme Court of the United States · 1921
- Siebert v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1919