Browning-King & Co. v. Davis
New York Supreme Court
1Opinion of the CourtO’Malley, J.
This action is brought to recover damages for a breach of contract for the shipment of freight. Upon the trial *521a jury was waived and the case submitted to the court for decision. It appears that one of two cases of merchandise delivered by the. plaintiff to the Lehigh Valley railroad at New York city on August 10, 1918, was lost in transit. The other reached its destination at Omaha, Neb., on September 3, 1918. The bill of lading contained a provision to the effect that in the event of the carrier’s failure to make delivery claim for loss by the shipper must be made in waiting within six…
2Cases cited4 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Bronstein v. PayneCourt of Appeals of Maryland · 1921
- A. C. Cheney Piano Action Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by4 opinions
- Bond Stores, Inc. v. Overland Package Freight Service, Inc.City of New York Municipal Court · 1939
- Dworsky v. Pennsylvania RailroadNew York Supreme Court · 1936
- Payne v. SmithCourt of Appeals of Texas · 1924
- Strickland Transportation Co. v. Federated Department Stores, Inc.Tennessee Supreme Court · 1970