Condict v. Grand Trunk Railway
New York Supreme Court
This was a motion by the defendants for a new trial on a case made, and exceptions, ordered to be heard in the first instance at General Term. The action was brought to recover the value of merchandise alleged to have been received by the defendants, as common carriers, at Buffalo, addressed to the plaintiffs at Chicago.
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This was a motion by the defendants for a new trial on a case made, and exceptions, ordered to be heard in the first instance at General Term. The action was brought to recover the value of merchandise alleged to have been received by the defendants, as common carriers, at Buffalo, addressed to the plaintiffs at Chicago. The plaintiffs proved delivery of the goods to the defendants at Buffalo, as alleged; and the defendants set up and proved a special contract for transportation, under which it claimed exemption from liability, which contained, among other provisions, the following: “ 10.…
1Opinion of the Court
By the Court
Mullin, P. J.
There are two counts in the complaint. In the first it is alleged that the plaintiffs, in. November, 1866, delivered to the defendant, a common carrier, at Buffalo, two boxes of goods, to be carried over its own railroad, and other railroads connected therewith, from that place to Chicago, within a reasonable time, at the rate of sixty-four cents per 100 pounds; that they were received to be carried to Chicago for the compensation aforesaid; but, although a reasonable time has elapsed for the transportation and delivery of said goods, they have not been delivered.
In…
2Cited by2 opinions
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Mt. Pleasant Manufacturing Co. v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1890