Stewart v. Baltimore & Ohio Railroad
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Calvin W. Stewart, Jr., against the Baltimore & Ohio Railroad Company. From a judgment for plaintiff, defendant appeals. Modified.
1Opinion of the CourtScott, J.
The defendant admits its liability for the breach of its contract of carriage with plaintiff’s assignor. The only question is as to the amount of such damage. The sole delay which plaintiff’s assignor suffered was for three hours at Baltimore, for he had intended in any event to'remain there until 1 o’clock, and did in fact leave at 4. Even this delay, upon which is predicated nearly the whole claim for damages, is not attributable to the defendant. No person connected with it, assuming the Pullman manager to have been its agent, induced Tinker, the plaintiff’s assignor, to miss his train.…
2Cases cited5 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- DeLeon v. McKernanAppellate Terms of the Supreme Court of New York · 1898
- Miller v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Rose v. KingAppellate Division of the Supreme Court of the State of New York · 1902
- Rose v. KingAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Barney v. Delaware, Lackawanna & Western RailroadAppellate Terms of the Supreme Court of New York · 1908