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International Products Co. v. Erie R.R. Co.

Court of Appeals of New York

155 N.E. 662 (N.Y. 1927)

Relevant factsFree

Expecting a shipment of goods, the plaintiff arranged for the defendants to receive and store them, and asked the defendants where the goods would be stored so it could obtain insurance. The defendants said the goods were in Dock F, leading the plaintiff to reasonably (but incorrectly) infer the goods had already arrived, and the plaintiff insured them on that basis. In fact the goods hadn't yet arrived, and when they did, they were actually stored in Dock D; a fire later destroyed them, and the plaintiff couldn't recover from its insurer because the policy misdescribed the goods' location. The plaintiff sued the defendants; the trial court directed a verdict for the plaintiff, the appellate court affirmed, and the defendants appealed.

IssueFree

Whether a negligent statement may subject the speaker to liability.

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