Webber v. Herkimer & Mohawk Street 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 January 13, 1885, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court and which affirmed an order denying a motion for a new trial.
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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 January 13, 1885, which affirmed a judgment in favor of defendant, entered upon a verdict directed by the court and which affirmed an order denying a motion for a new trial. The nature of the action and the material facts are sufficiently stated in the opinion; The complaint sets forth a cause of action on contract, and its breach, from whatever cause, gives the right of action. ( Weed v. Panama R. R. Co., 17 N. Y. 362; Van Buskirk v. Roberts, 31 id. 661; Stewart v,…
1Opinion of the CourtGray, J.
The plaintiff’s complaint, in substance, alleged the making of an agreement between himself and the defendant, a street railroad company, operating as common carriers of passengers between the villages of Herkimer and Mohawk, in this state, by which, on June 23, 1879, the defendant, having received him into its car for a certain compensation, then paid by him, undertook and agreed with him to transport him, with care, diligence and safety to his person, from Herkimer to Mohawk, and that its cars, road and appurtenances thereto were safe, suitable and proper for the accomplishment of that…
2Cases cited2 opinions
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Watson v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1883
3Cited by57 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
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