Sauer v. Lehigh Valley Railroad
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Joseph P. Sauer against the Lehigh Valley Railroad Company. From a judgment of the Municipal Court for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtGuy, J.
The action was brought by a consignor of tomatoes against the common carrier, who, when the consignee refused to receive them, neglected to notify the consignor, and sold the tomatoes at a loss. The tomatoes were shipped on June 19th, were refused by consignee on June 20th, and were sold by the carrier on June 24th, without notice, because they were perishable.
The bill of lading provided that property not removed by the party entitled to receive it within 48 hours, after notice of its arrival has been duly sent or given, may be kept in car, depot, or place of delivery of the carrier, or…
2Cases cited2 opinions
- Fine v. BarrettNew York Supreme Court · 1913
- Bacharach v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917