Wade v. Wheeler
New York Supreme Court
This is an appeal from a judgment entered upon the report of a referee. The facts and questions raised upon them appear in the opinion of the court.
1Opinion of the Court
By the Court —
Parker, J.
Two principal questions are presented in this case:
1st. Were the defendants, while operating the railroad, common carriers, and liable as such; and,
2d. If they were so liable, did they hold the wheat in question at the time when it was burned, as common carriers, or only as warehousemen ?
The first question we have examined in another case against these defendants already decided at this term (Rogers et al. v. Wheeleer et al.), arising out of loss of wheat by the *202same fire, in which the defendants set up, by answer, the same facts on which they rely in this case to…
2Cases cited1 opinion
- Coyle v. Western RailroadNew York Supreme Court · 1866
3Cited by2 opinions
- Snelling v. YetterAppellate Division of the Supreme Court of the State of New York · 1898
- London & Lancashire Fire Insurance v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1893