Solomon v. Philadelphia & New York Express Steamboat Co.
New York Court of Common Pleas
Appeal by defendants from a judgment of the Marine Court at general term. The action was brought to recover damages which eight boxes of paper hangings had sustained while in the possession of the defendants as common carriers. The defendants’ steamer reached New York Thursday evening, and the goods were discharged on Friday.
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Appeal by defendants from a judgment of the Marine Court at general term. The action was brought to recover damages which eight boxes of paper hangings had sustained while in the possession of the defendants as common carriers. The defendants’ steamer reached New York Thursday evening, and the goods were discharged on Friday. The defendants mailed a notice to the plaintiffs (the consignees) on Thursday night, notifying them of the arrival of the goods, and requesting them to call and receive them. This notice was not received by the plaintiffs until Saturday, which was a wet, stormy day, and…
1Opinion of the Court
By the Court.—Cardozo, J.
I do not understand how the justice arrived at the sum for which he rendered judgment. On the testimony returned, the verdict ought not, in any way that I can see, to have exceeded about $145; but as no point to that effect is taken in the notice of appeal, it may be that there was some other evidence which justified the finding; and as the defendants seem to acquiesce in the amount, if the verdict be right at all, I think we are not called upon to reduce the judgment. In other respects, this strikes me as a very plain case. The defendants were held liable below for…
2Cases cited1 opinion
- Cary v. Cleveland & Toledo Rail RoadNew York Supreme Court · 1859
3Cited by4 opinions
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- G. S. Roth Clothing Co. v. Maine Steamship Co.Appellate Terms of the Supreme Court of New York · 1904
- Bragg v. TaylorAppellate Division of the Supreme Court of the State of New York · 1923
- Louisiana Red Cypress Co. v. Morgan's L. & T. R. R. & S. S. Co.Louisiana Court of Appeal · 1910