Mattison v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover the value of a trunk and contents, the baggage of plaintiff while a passenger upon defendant’s road, alleged to have been lost through defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover the value of a trunk and contents, the baggage of plaintiff while a passenger upon defendant’s road, alleged to have been lost through defendant’s negligence. In July, 1866, the plaintiff was a passenger on one of the defendant’s cars from Rochester to Palmyra, having purchased a passage ticket and procured her baggage to be checked at Rochester.…
1Dissent
Dwight, C.
(dissenting). The sole question to be considered in this case is, whether the goods at the time of the loss were in the custody of the defendant. It is immaterial in what character it held them, whether as carrier or warehouseman, or naked bailee. If it held them at all, it was bound to deliver them to the rightful owner or on his order. Even a delivery on a forged order would have been no excuse. This rule prevails wholly irrespective of the question of negligence. It is an act of conversion. (Hall v. Boston and Worcester Railway, 14 Allen, 439; Duff v. Budd, 3 Brod. & B., 177;…
2Cases cited6 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Camden & Amboy Railroad & Transportation Co. v. BelknapNew York Supreme Court · 1839
- Ouimit v. HenshawSupreme Court of Vermont · 1863
- Curtis v. Avon, Geneseo & Mount Morris RailroadNew York Supreme Court · 1867
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