Legal Opinion
Josephy v. Panhandle & Santa Fe Railway
New York Court of Appeals
Decided March 20, 1923PublishedCited by 9 opinions
1Opinion of the CourtPound, J.
The defendant, Panhandle and Santa Fe Railway, issued a bill of lading in which it acknowledged receipt of certain packages marked as containing dressed poultry, “ the contents and condition of. contents of packages unknown.”
Relying on this bill of lading, plaintiffs paid a draft for $4,000 drawn by the shipper. Some of the packages instead of containing poultry were packed with rabbits and eggs. A verdict was directed in favor of the plaintiffs for $2,019.43, the amount of the damage claimed.
Section 21 of an act of Congress, effective January 5, 1917, entitled: “An Act relating to bills of…
2Cases cited5 opinions
- Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Missouri Pacific Railway Co. v. McFaddenSupreme Court of the United States · 1894
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
- Dworkwitz v. . New York Central R.R. Co.New York Court of Appeals · 1920
3Cited by9 opinions
- Elgie & Co. v. S. S. "S. A. NEDERBURG"Court of Appeals for the Second Circuit · 1979
- Strohmeyer & Arpe Co. v. American Line S. S. Corp.Court of Appeals for the Second Circuit · 1938
- Schwalb v. Erie RailroadNew York City Court · 1937
- GAC Commercial Corporation v. WilsonDistrict Court, S.D. New York · 1967
- Del Gaizo Distributing Corp. v. GallagherSuperior Court of Pennsylvania · 1936
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