Moffat v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the County Court of Nassau county in favor of the plaintiff, entered in the office of the cleric of the county of Nassau on the 18th day of May, 1907, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of May, 1907, denying the defendant’s motion for a new- trial made upon the minutes.
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Appeal by the defendant, The Long Island Railroad Company, from a judgment of the County Court of Nassau county in favor of the plaintiff, entered in the office of the cleric of the county of Nassau on the 18th day of May, 1907, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of May, 1907, denying the defendant’s motion for a new- trial made upon the minutes. The action was to recover damages for the loss of articles from the plaintiff’s trunk which the defendant had received and carried as baggage, The…
1Opinion of the Court
Gaynor, J.:
The learned trial judge ruled that the defendant was liable for the loss and directed a verdict for the plaintiff. In this he erred. The liability of a railroad company for baggage is the strict liability of a common carrier, from the time it receives the baggage until it arrives at the station of its destination, and then until the passenger has had reasonable time and opportunity to take it away, acting promptly. After that its liability ceases to be that of common carrier, i. e., absolute, act of God or of public enemy only excepted, and its obligation is reduced to that of…
2Cases cited4 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Curtis v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Williams v. Central RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Kressin v. Central RailroadAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by5 opinions
- Crowley Bros. v. Grand Trunk Railway Co.Michigan Supreme Court · 1915
- Church v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1909
- Gausmann v. New York Central & H. R. R. R. Co., New York County Courts1909
- Yorke v. Pickwick Stages SystemCalifornia Court of Appeal · 1931
- Zabielski v. Greyhound Lines, Inc.New York Supreme Court · 1982