Litt v. Wabash Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Wahasli 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 Queens on the 22d day of October, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 24th day of October, 1898, denying the defendant’s motion for .a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff is a theatrical manager. On the 1st day of January, 1898, he had a theatrical company at Kansas City, known as the In Old Kentucky ” Company, and it was necessary that the company, with its properties and effects, should be transported to St. Louis after the close of the performance on that day to be ready for a matinee performance on the next day. The defendant had no regular train leaving Kansas City after the performance, and plaintiff, acting by his agent in the city of Hew York, entered into a contract with the eastern agents of the defendant, for a…
2Cases cited4 opinions
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Mayer v. . DeanNew York Court of Appeals · 1889
- Spencer v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1899