King v. Sherwood
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James K. O. Sherwood, as receiver of The Philadelphia, Reading and New England Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 29th day of April, 1897, upon the decision of the court rendered after a trial before the court without a jury.
1Opinion of the Court
Bradley, J.:
The plaintiff alleges that the defendant “ wrongfully, willfully and negligently ” injured and destroyed what was designated as a iC White House Café,” or “ Night Lunch Wagon ” belonging to him. The wagon was shipped at Worcester, Massachusetts, consigned to the plaintiff at Poughkeepsie, N. Y., and was transported to that place of destination by the defendant upon the railroad operated by him as such receiver. While those who undertook to do it were proceeding to unload or remove the wagon from the flat car on which it had been transported, it fell off the car and was injured.
On…
2Cases cited8 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Sturgess v. . BissellNew York Court of Appeals · 1871
- Thomas, Badgley & Wentworth Manufacturing Co. v. Wabash, St. Louis & Pacific Railway Co.Wisconsin Supreme Court · 1885
- Henderson v. Ship Maid of OrleansSupreme Court of Louisiana · 1857
- Mitchell v. WeirAppellate Terms of the Supreme Court of New York · 1897
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3Cited by3 opinions
- Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933
- Schwalb v. Erie RailroadNew York City Court · 1937
- Boera v. Hijos De Jose Taya, S., En. C.Appellate Terms of the Supreme Court of New York · 1919