Legal Opinion

Garvey v. Camden & Amboy Railroad

New York Court of Common Pleas

Decided January 15, 1857Published

Appeal from a judgment against defendants.

1Opinion of the CourtBrady, J.

—This action was brought to recover the value of a trunk and contents, delivered to the defendants at the city of New-York by the plaintiff, when he engaged a passage over their road to the city of Philadelphia.

The proof of the delivery of the trunk and of its loss was sufficient, prima facie, to throw the burden of proof on the defendants. Miller, who was in their employment, states that he checked the trunk at the city of New-York, gave the check or certificate annexed to the return to the plaintiff, and that the trunk was lost. This is the only testimony on these subjects, except that of…

2Cases cited2 opinions

  1. Sneider v. GeissSupreme Court of Pennsylvania · 1791
  2. David v. MooreSupreme Court of Pennsylvania · 1841

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