Hyperlawhypertext legal database Schiller v. New York, New Haven & Hartford Railroad 110 N.Y.S. 1144

← Cases

Schiller v. New York, New Haven & Hartford Railroad

110 N.Y.S. 1144 Court N.Y. App. Term Decision date 1908-06-03 English

Contents

Majority

p. 1144
SCHILLER v. NEW YORK, N. H. & H. R. CO.
(Supreme Court, Appellate Term.
June 3, 1908.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Dankman Schiller against the New York, New Haven & Hartford Railroad Company. From a judgment for plaintiff, defendant appeals. Judgment reversed, and new trial ordered.
William Greenough, for appellant.
Simis &.Coyle, for respondent.

The action is brought to recover damages for delay in -forwarding the plaintiff’s baggage from Brockton, Mass., to New York City. By reason of such delay it was shown by the plaintiff that he was unable to fulfill an engagement in Pittsburg, Pa. The contract he put in evidence showed that the salary he was to receive for the week’s engagement he was compelled to lose was $250. The trial.justice gave damages in the sum of $100. There is nothing in the record to warrant a finding in such an amount. Judgment reversed, and new trial ordered, with costs to appellant to abide .the event.