Legal Opinion

Araje v. Pennsylvania R.R. Co.

New York Court of Appeals

Decided July 11, 1929PublishedCited by 2 opinions

1Opinion of the Court

Cardozo, Ch. J.

Plaintiff, a passenger on the defendant’s railroad, checked, a trunk as baggage on an interstate journey. The trunk was lost or stolen. The defendant maintains that it is relieved of liability because the trunk should, have been transported not as baggage, but as freight.

Tariff schedules filed by the defendant pursuant to the statute define baggage for the purposes of the tariff as either “ personal ” or “ sample.” “ Personal baggage consists of wearing apparel, toilet articles and similar effects in actual use and necessary and appropriate for the wear, use, comfort and…

2Cases cited4 opinions

  1. Merchants' Cotton Press & Storage Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1894
  2. Humphreys v. PerrySupreme Court of the United States · 1893
  3. Dexter v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1870
  4. New York Central Railroad v. GoldbergSupreme Court of the United States · 1919

3Cited by2 opinions

  1. Hartzberg v. New York Central RailroadNew York Supreme Court · 1943
  2. Mechaber v. Omaha Indemnity Co.Appellate Terms of the Supreme Court of New York · 1973

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