Legal Opinion

Gardiner v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1910PublishedCited by 5 opinions

Appeal by the plaintiff, Edith Y. Gardiner,- from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 21st day of February, 1910, upon the decision-of the court Rendered after a trial at the Hew York Special Term overruling the plaintiff’s demurrer to a partial defense.

1Opinion of the Court

Clarke, J.:

The complaint alleges that the defendant is. a common carrier; that on or about the 2d day of Hovember, 1908, the defendant, for a valuable consideration, agreed to carry the plaintiff. and her baggage, to wit, a large sole-leather bag or suitcase, with the contents thereof, consisting of clothing and personal effects of the plaintiff, from Bedford, in the State of Hew York, on the Harlem branch of said defendant’s railroad, to the city of Hew York, and that the said plaintiff thereupon delivered to said defendant said baggage, and *18thereupon proceeded on one of defendant’s trains…

2Cases cited9 opinions

  1. Magnin v. . DinsmoreNew York Court of Appeals · 1877
  2. Belger v. . DinsmoreNew York Court of Appeals · 1872
  3. Blossom v. . DoddNew York Court of Appeals · 1870
  4. Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
  5. Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906

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3Cited by5 opinions

  1. Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933
  2. E. R. Squibb & Sons Inter-American Corp. v. Springmeier Shipping Co.New York Supreme Court · 1949
  3. Homer v. Oregon Short Line RailroadUtah Supreme Court · 1912
  4. Pick v. Lufthansa German AirlinesCivil Court of the City of New York · 1965
  5. Heuman v. M. H. Powers Co.Appellate Division of the Supreme Court of the State of New York · 1916

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