London & Lancashire Fire Insurance v. Rome, Watertown & Ogdensburg Railroad
New York Court of Appeals
Appeal from judgment' of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 26, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment' of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 26, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. On the undisputed evidence it was not the duty of the defendant at the time of the destruction of the property to send it forward without further act or intervention on behalf of the owners. (Zimmer v. N. Y. C. & H. R. R. R. Co., 137 N. Y. 460; Judson v. W. R. R. Co., 4 Allen, 520; Wilson v. R. R.…
1Opinion of the CourtEabl, J.
This action is brought to recover damages against the defendant for the destruction by fire of a large quantity of hay, alleged to have been delivered to it as a common carrier for transportation.
It is admitted that if, at the time of the destruction of the hay, it was in the possession of the defendant as a common carrier, it is liable in this action; and the sole question for our determination is whether the hay had been so delivered to the defendant and placed in its custody as to make it liable as a common carrier. The plaintiff sues as assignee of the shippers and stands in their place.
Th…
2Cases cited3 opinions
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Wilson v. Atlanta & Charlotte Railway Co.Supreme Court of Georgia · 1889
- Grosvenor v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1868
3Cited by8 opinions
- Mattel, Inc. v. Interstate Contract Carrier Corp.Court of Appeals for the Second Circuit · 1983
- Avisun Corp. v. Mercer Motor Freight, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Norris, Inc. v. M. H. ReedCourt of Appeals for the Fifth Circuit · 1922
- St. Louis, B. & M. Ry. Co. v. LaneCourt of Appeals of Texas · 1923
- Curtis Tire & Rubber Co. v. Goodrich Transit Co.Michigan Supreme Court · 1925
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