D. Tabachnick & Co. v. F. C. Linde Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, F. C. Linde Company, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of December, 1918, affirming a judgment of the City Court of the City of New York and also from an order of said court denying defendant’s motion for a new trial.
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Appeal by the defendant, F. C. Linde Company, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of December, 1918, affirming a judgment of the City Court of the City of New York and also from an order of said court denying defendant’s motion for a new trial. An appeal is also taken from the original judgment and order of the City Court of the City of New York and from the judgment entered in the office of the clerk of the City Court of the City of New York upon the…
1Opinion of the Court
Philbin, J.:
The complaint sets forth a cause of action against the defendant, a warehouseman,. for neglect to care for goods placed in its possession. It is alleged that the defendant *168maintained a cold storage plant, railroad tracks, platforms and other appurtenances at St. John’s Park in the city of New York; that the plaintiff delivered a carload of fish to the defendant by placing it on one of its tracks and that the defendant took the same into its possession. It is further alleged that the defendant permitted the carload to remain on its tracks without protecting the contents from…
2Cases cited1 opinion
- Emil Grossman Manufacturing Co. v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918