Baltimore & Ohio Railroad v. La Due
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Baltimore and Ohio Railroad Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the Appellate Term on the 7th day of February, 1908, affirming a judgment of the Municipal Court of the city of New York in favor of the defendants, entered in the office of the clerk of said court on the 1st day of October, 1907, and an order of said Municipal Court, entered on the 24th day of October, 1907,…
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Appeal by the plaintiff, The Baltimore and Ohio Railroad Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the Appellate Term on the 7th day of February, 1908, affirming a judgment of the Municipal Court of the city of New York in favor of the defendants, entered in the office of the clerk of said court on the 1st day of October, 1907, and an order of said Municipal Court, entered on the 24th day of October, 1907, denying the plaintiff’s motion for a new trial made upon the minutes, and also from the said judgment and order of the…
1Opinion of the Court
Scott, J:
The plaintiff appeals from a determination of the Appellate Term of the Supreme Court, affirming a judgment of the Municipal Court. (See 57 Misc. Rep. 614.)
*596The plaintiff sued for freight charges on certain hay shipped by-defendants from Indiana to Mew York. The latter counterclaimed for excess charges upon certain other shipments from Indiana and Ohio to Mew York, alleging that such charges, which they had been obliged to pay, “ were exorbitant and excessive, in that the fair and reasonable value and agreed price of the servicés rendered by plaintiff in the transportation of said…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Baltimore & Ohio Railroad v. LaDueNew York Supreme Court · 1908
3Cited by12 opinions
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Helena Light & Ry. Co. v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Atchison, Topeka & Santa Fe Railway Co. v. F. H. Stannard & Co.Supreme Court of Kansas · 1917
- Pennsylvania Railroad v. TitusAppellate Division of the Supreme Court of the State of New York · 1913
- New York Central & Hudson River Railroad v. SmithNew York Supreme Court · 1909
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