Legal Opinion

Isham v. Erie Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1906PublishedCited by 7 opinions

Appeal by the defendant, the Erie Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Livingston on the 25th day of September, 1905, upon the decision of the court, rendered after a trial at the Livingston Trial Term, the jury having been discharged.

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Appeal by the defendant, the Erie Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Livingston on the 25th day of September, 1905, upon the decision of the court, rendered after a trial at the Livingston Trial Term, the jury having been discharged. The action is to recover damages for negligence and the charge is that the defendant improperly detained at Jersey City two -carlqads of potatoes belongiyg to the- plaintiff until they were frozen. At the close of the evidence, by consent of the parties, the jury…

1Opinion of the Court

Spring, J.:

The defendant’s railroad extends from Avon, in the State of Hew York, to Jersey City, H. J. The defendant received from the plaintiff at Avon two carloads of potatoes; one February 2, 1899, which reached Jersey City on February fifth, and the other was received February fourth, arriving at Jersey City on-the sixth. These carloads were-to be transported to Palmer’s dock, Brooklyn, which is reached by lighters from defendant’s eastern terminus at Jersey City,

The plaintiff was the consignee named in each bill of lading and it contained the direction, “ notify Casey & Bosenblum,” who…

2Cases cited10 opinions

  1. North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
  2. Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
  3. Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
  4. Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
  5. Furman v. . Union Pacific R.R. Co.New York Court of Appeals · 1887

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Post v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1912
  2. Richardson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
  3. Yazujian v. J. Rich Steers, Inc.New York Supreme Court · 1949
  4. Davenport v. Chesapeake & Ohio Railway Co.Appellate Terms of the Supreme Court of New York · 1914
  5. Krivitsky & Cohen, Inc.v. Western Union Telegraph Co.City of New York Municipal Court · 1927

2 more not listed; retrieve them via the Exa API.

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