Legal Opinion

Lynch v. New York Central & Hudson River Railroad

New York County Courts

Decided March 15, 1915PublishedCited by 2 opinions

Motion for a new trial on all the grounds specified in section 999 of the Code of Civil Procedure, except inadequacy of the verdict.

1Opinion of the CourtFish, J.

There are six separate causes of action alleged in the complaint, five of which are to recover damages to shipments of peaches and plums transported by the defendant as a common carrier from Appleton, N. Y., to Desbrosses Street station, New York city, arising from improper refrigeration of cars in which the same were carried. The plaintiffs base their right of recovery upon the negligence of the defendant in furnishing cars improperly iced and in improperly re-icing the cars while in transit; also upon a deviation from the agreed route. Each cause of action involves a separate shipment, and…

2Cases cited14 opinions

  1. Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
  2. Express Co. v. CaldwellSupreme Court of the United States · 1875
  3. Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
  4. Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
  5. Queen of the PacificSupreme Court of the United States · 1901

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3Cited by2 opinions

  1. O. K. Transfer & Storage Co. v. NeillSupreme Court of Oklahoma · 1916
  2. Gifford v. Fargo, New York County Courts1919

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