Baird v. . Daly
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff upon trial at circuit. This action was brought-by the plaintiff to recover compensation for loss of, and damage to cattle and horses belonging to him, sustained in consequence of the alleged negligence of the defendant’s servants.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff upon trial at circuit. This action was brought-by the plaintiff to recover compensation for loss of, and damage to cattle and horses belonging to him, sustained in consequence of the alleged negligence of the defendant’s servants. Plaintiff employed one Nicholas Cavanaugh to transport the cattle and horses, in his scow, across the St. Lawrence river, from Brockville, Canada, to Morristown, in this State.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The different grounds on which the court below granted the motion for a nonsuit embrace, substantially, these two propositions: 1st. That the plaintiff had no cause of action against the defendant because there was no privity of contract between them; and, 2d. Because the case was exclusively within the jurisdiction of the United States courts. Neither of them is well founded.
1st. It is true that the defendant's agreement was made with Cavanaugh alone, and that…
2Cases cited1 opinion
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
3Cited by15 opinions
- Grace v. Sterling, Grace & Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Dustin v. CurtisSupreme Court of New Hampshire · 1907
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Berger v. 34th Street Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Bartlett v. . SpicerNew York Court of Appeals · 1879
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