Earle v. Cadmus
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Comb at general term. The plaintiff was a passenger on the steamer Daniel Drew, from Albany to blew York. On the arrival of the steamer at blew York, one of the servants of the defendant, who was an expressman, came on board the boat, and applied to plaintiff to carry and deliver her baggage.
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Appeal by the defendant from a judgment of the Marine Comb at general term. The plaintiff was a passenger on the steamer Daniel Drew, from Albany to blew York. On the arrival of the steamer at blew York, one of the servants of the defendant, who was an expressman, came on board the boat, and applied to plaintiff to carry and deliver her baggage. The plaintiff gave the defendant’s servant the check for her trunk, which she had received from the baggage master of the steamer, furnished him with the direction for the delivery of the trunk, and paid him his charges, thirty cents. At the same…
1Opinion of the Court
By the Court.—Daly, F. J.
The delivery of the receipt by the defendant’s agent after receiving the" check for the plaintiff’s baggage, was sufficient evidence of a delivery of the trunk to the defendant for the purpose of carriage. If it could not *239be procured upon the steamboat on exhibiting the check for it, it was for the defendant to show it. As he offered no evidence upon that point, the presumption must be, that it was obtained, and as he did not deliver it, nor account in any way for its loss, the presumption must be, that it was lost through his negligence (Arent v. Squire, 1 Daly, 347).
2Cases cited1 opinion
- Arent v. Squire & JohnsonNew York Court of Common Pleas · 1863
3Cited by3 opinions
- Carter v. . R. R.Supreme Court of North Carolina · 1900
- Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio GrandenseCivil Court of the City of New York · 1975
- Wetzell v. DinsmoreNew York Court of Common Pleas · 1871