Legal Opinion

Hoffman v. Metropolitan Express Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1906PublishedCited by 8 opinions

Appeal by the defendant, the Metropolitan Express Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 12th day of May, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of May, 1905, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Miller, J.:

The plaintiff has recovered a judgmént for injuries to a painting alleged to have been caused while in the defendant’s possession as a *408common carrier. The plaintiff’s evidence tended to show an oral contract to carry the property by van without rehandling from her residence in the city of Hew York to' a place in Hew Rochelle. /The defendant admitted receiving the property for carriage, but denied the special contract, claiming that-it wag to be carried by van to the defendant’s station and there transferred to a car, as was done. The defendant disputed that the picture was injured…

2Cases cited3 opinions

  1. Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
  2. Long v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
  3. Mills v. WeirAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by8 opinions

  1. St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
  2. Knapp v. Wells, Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Chicago, R. I. &. P. Ry. Co. v. CraigSupreme Court of Oklahoma · 1916
  4. Cohen v. Morris European & American Express Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. Porteous v. Adams Express Co.Supreme Court of Minnesota · 1911

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