Legal Opinion

Goldstein v. . Pullman Co.

New York Court of Appeals

Decided May 1, 1917PublishedCited by 34 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1914, which reversed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of defendant and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1914, which reversed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of defendant and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Proof of negligence on the part of defendant was an essential part of plaintiff’s ■ case. (Tracy v. Pullman Palace Car Co., 67 How. Pr. 154; Carpenter v. N. Y., N. H. & H. R. R. Co., 124 N. Y. 53; Adams…

1Opinion of the CourtPound, J.

This action is brought to recover the value of a satchel and contents consisting of ordinary clothing and a diamond scarf pin. Plaintiff having paid for transportation and Pullman accommodation, took the night train at about 10: 30 o’clock at Cincinnati for Wheeling. The porter escorted him into the sleeping car, carrying the satchel and depositing it at the proper berth, which had been made up. Plaintiff before going to bed went into the wash room, taking his satchel with him, in order to prepare some changes in his linen so that he might be ready to leave the train when he reached his…

2Cases cited11 opinions

  1. Brown v. PiperSupreme Court of the United States · 1875
  2. Griffen v. . ManiceNew York Court of Appeals · 1901
  3. Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
  4. Heinemann v. . HeardNew York Court of Appeals · 1875
  5. Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911

6 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  2. Benson v. . DeanNew York Court of Appeals · 1921
  3. Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922
  4. Kahalili v. Rosecliff Realty, Inc.Supreme Court of New Jersey · 1958
  5. Olson v. NorthAppellate Court of Illinois · 1934

29 more not listed; retrieve them via the Exa API.

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