Graves v. Fitchburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Rensselaer county court. Action in justice’s court by Collins M. Graves against the Fitchburg Railroad Company. There was a judgment for plaintiff, and from a judgment of the county court affirming the justice’s court judgment the defendant appeals. The plaintiff was a passenger on the defendant’s train, and arrived with his trunk at its station in Hoosick at about half past 7 o’clock in the evening.
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Appeal from Rensselaer county court. Action in justice’s court by Collins M. Graves against the Fitchburg Railroad Company. There was a judgment for plaintiff, and from a judgment of the county court affirming the justice’s court judgment the defendant appeals. The plaintiff was a passenger on the defendant’s train, and arrived with his trunk at its station in Hoosick at about half past 7 o’clock in the evening. He there left the train, and went to visit a friend about a mile and a half distant. He saw the trunk taken from the train at the time he left it, but made no effort to claim the same…
1Opinion of the CourtParker, P. J.
It is a well-settled rule of law that the liability of a railroad company for the baggage of a passenger on its road continues to be that of a common carrier until the passenger has had a reasonable opportunity to remove the same from its custody. Dininny v. Railroad Co., 49 N. Y. 546; Maxwell v. Gerard, 84 Hun, 537, 32 N. Y. Supp. 849. The question is whether that reasonable opportunity had been furnished to the plaintiff in this case before the property in question was stolen from the defendant. It is argued that when the plaintiff arrived at Hoosick there were no means present whereby he…
2Cases cited4 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Dininny v. New York & New Haven RailroadNew York Court of Appeals · 1872
- Laporte v. Wells, Fargo & Company's ExpressAppellate Division of the Supreme Court of the State of New York · 1897
- Maxwell v. GerardNew York Supreme Court · 1895
3Cited by2 opinions
- Denver & Rio Grande Railroad v. DoyleSupreme Court of Colorado · 1914
- Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926