Albrecht v. Pennsylvania Railroad

Supreme Court of New Jersey

Albrecht v. Pennsylvania Railroad

96 A. 587, 88 N.J.L. 367, 1916 N.J. LEXIS 204

DecidedJanuary 28, 1916

StatusPublished

This text of 96 A. 587 (Albrecht v. Pennsylvania Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albrecht v. Pennsylvania Railroad, 96 A. 587, 88 N.J.L. 367, 1916 N.J. LEXIS 204 (N.J. 1916).

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Opinion

Per Curiam.

The decision of this case is controlled by that in Olivit Brothers v. Pennsylvania Kailroad Co., No. 69, of this present term, otherwise known as the thirteen count case. The controlling facts and principles are the same, the only difference in the situation being that in this ease the plaintiff refused to accept delivery of the property when tendered by the defendant company at the point of destination. As in that case (No. 69) there may be a recovery for some of the shipments.

The judgment below will be reversed and a venire de novo awarded.

For affirmance—Bergen, White, JJ. 2.

For reversal—The Chibe Justice, Garrison, Swayze, Tbenchard, Parker, Minturn, Kalisch, Black, Vredenburgh, Terhtjne, Heppenheimer, Williams, Taylor, JJ. 13.

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Per Curiam.

The decision of this case is controlled by that in Olivit Brothers v. Pennsylvania Kailroad Co., No. 69, of this present term, otherwise known as the thirteen count case. The controlling facts and principles are the same, the only difference in the situation being that in this ease the plaintiff refused to accept delivery of the property when tendered by the defendant company at the point of destination. As in that case (No. 69) there may be a recovery for some of the shipments.

The judgment below will be reversed and a venire de novo awarded.

For affirmance—Bergen, White, JJ. 2.

For reversal—The Chibe Justice, Garrison, Swayze, Tbenchard, Parker, Minturn, Kalisch, Black, Vredenburgh, Terhtjne, Heppenheimer, Williams, Taylor, JJ. 13.

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Bluebook (online)

96 A. 587, 88 N.J.L. 367, 1916 N.J. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albrecht-v-pennsylvania-railroad-nj-1916.