Sloman v. . Great Western Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 6 Hun, 546.) This action was brought to recover damages for injury to the contents of certain trunks belonging to plaintiff. Plaintiff’s proof on the trial was in substance as follows: The plaintiff was a wholesale clothing merchant in Rochester.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 6 Hun, 546.) This action was brought to recover damages for injury to the contents of certain trunks belonging to plaintiff. Plaintiff’s proof on the trial was in substance as follows: The plaintiff was a wholesale clothing merchant in Rochester. His son Marcus was traveling for him as agent, and selling his goods. On the 18th of August, 1813, he was at Flint, Michigan. He had with him two…
1Opinion of the CourtRapallo, J.
The judge submitted to the jury the question whether the baggagemaster at Flint, at the time of the reception of the property in question, had notice that the trunks delivered to him by Marcus J. Sloman contained other than his ordinary personal baggage. To this question the jury rendered an affirmative answer.
The fact thus found by the jury seems to us decisive of the case, provided the finding can be sustained. It is in evidence that the baggagemaster of the defendant charged and received for the transportation of the two trunks the sum of two dollars, in addition to the fare of Sloman for…
2Cases cited3 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Stoneman v. . Erie Railway CompanyNew York Court of Appeals · 1873
- Minter v. Pacific RailroadSupreme Court of Missouri · 1867
3Cited by20 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
- Kansas City, Fort Scott & Memphis Railway Co. v. McGaheySupreme Court of Arkansas · 1897
- Pfister v. Central Pacific RailroadCalifornia Supreme Court · 1886
- Trimble v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
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