Dobbins v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Delaware, Lackawanna and Western Railroad Company, from a judgment of the County Court of Cortland county in favor of the plaintiff, entered in the office of the clerk of said county on the 23d day of May, 1916, upon the verdict of a jury for $387.85, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, P. J.:
When the cabbage were put in the cars, furnished by defendant for them, it was its duty to transport them to the consignee, and in issuing a bill of lading it must issue it according to the facts. Defendant refused to ship the cabbage unless plaintiff would accept a bill of lading with a notation upon it *133that the cabbage were “more or less frozen when received.” The evidence quite conclusively shows that the cabbage were in good condition and were not “more .or less frozen when received.” In any question between the plaintiff and the company about the condition of the cabbage…
2Cases cited2 opinions
- Brown v. . ChamplinNew York Court of Appeals · 1876
- Kunz v. BosselmanAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Universal By-Products Corp. v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1926
- Fred F. Shields Co. v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1922