Barrow Steamship Co. v. Mexican Central Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict. The plaintiff, a corporation owning the steamship Bolivia, alleged that the defendant, a corporation of the state of Massachusetts, having (by transfer) a charter from the. republic of Mexico, owns and operates railroads in that republic, entered into an agreement with the plaintiff for the transportation by the latter of certain Mexican pilgrims from the port of Bew York to the city of…
1Opinion of the CourtBradley, J.
The qxxestion at the trial was treated by the parties as one of law merely. If, therefore, the evidence warranted the recovery by plaintiff, the verdict as directed must be sustained, although the result may have required the determination of a question of fact. (Kirtz v. Pech, 113 N. Y. 222.) The parties evidently expected that the number of pilgrims from' Mexico to be by the plaintiff transported on its steamship Bolivia from the city of Mew Yoi'k to Maples, thence by railroad to the city of Borne, Italy, and in like manner returned to New York, would be at least two hundred and fifty. The…
2Cases cited8 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- National Bank v. HallSupreme Court of the United States · 1880
- Orr v. HodgsonSupreme Court of the United States · 1819
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Justice v. . LangNew York Court of Appeals · 1873
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