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De Winter & Co. v. Texas Central Railroad Co.

Supreme Court of New York, Appellate Division

May 31, 1912

DE WINTER & COMPANY, Respondent,
v.
TEXAS CENTRAL RAILROAD COMPANY, Appellant.

APPEAL by the defendant, the Texas Central Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of May, 1911, upon the verdict of a jury, and also from an order entered in said clerk's office on the 9th day of May, 1911, denying the defendant's motion for a new trial made upon the minutes.

COUNSEL

Dickinson W. Richards, for the appellant.

Francis A. Winslow, for the respondent.

OPINION

MCLAUGHLIN, J.:

In July, 1909, A. B. Patterson & Co., plaintiff's assignors, shipped at Stamford, Tex., on the line of defendant's railroad, 129 cases of eggs consigned to themselves in New York. At the time of the shipment a bill of lading signed by

Page 613

the defendant's agent at Stamford was delivered to the shipper. So much of the bill of lading as is material to the question to be considered reads as follows:

'TEXAS CENTRAL RAILROAD COMPANY.

* * *

'Received * * * at Stamford, Texas, July 6th, 1909, from A. B. Patterson & Co., the property described below, in apparent good order. * * *

'The Rate of Freight from Stamford to New York 120 is in Cents per 100 Lbs. * * *

'Consigned to A. B. Patterson & Co.

'Destination, New York State of ...


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