Bobzein v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Central Railroad Company, from a judgment of the County Court of Niagara comity in favor of the plaintiff, entered in the office of the clerk of said comity on the 5th day of April, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
This action was brought by Christian F. Bobzein, as trustee in bankruptcy of Martin J. Spitzer, to recover the value of a carload of peaches. On September 6, 1915, Spitzer shipped a car containing peaches from Burt, N. Y., to Detroit, Mich., consigned to A. Jacobs & Co., to be sold on commission. The shipment was made over the defendant’s line as initial carrier and over the Michigan Central as final carrier. The car was iced when it left Burt and the bill of lading provided that it should be re-iced to full capacity at Montrose, a station on the Michigan Central about seventy-five…
2Cases cited11 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Faulkner v. . HartNew York Court of Appeals · 1880
- Rustad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
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3Cited by1 opinion
- Crittenden v. American Railway Express Co.Appellate Division of the Supreme Court of the State of New York · 1923