Green v. New York Central Railroad
New York Court of Common Pleas
Appeal from a judgment. Andrew W. Green sued the New York Central Railroad, in the New York common pleas, to recover against the defendants, as common carriers, for the loss of plaintiff’s baggage while he was a passenger on defendant’ s road, which the complaint alleged extended from little Falls to New York city.
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Appeal from a judgment. Andrew W. Green sued the New York Central Railroad, in the New York common pleas, to recover against the defendants, as common carriers, for the loss of plaintiff’s baggage while he was a passenger on defendant’ s road, which the complaint alleged extended from little Falls to New York city. On the trial, it appeared that the defendants were a corporation operating a railroad for the transportation of freight and passengers between Buffalo and Albany (Laws of 1853, ch. 76), and also a branch line running from Schenectady to Athens, on the Hudson river. In September,…
1Opinion of the Court
By the Court. — Robinson, J.
There was no proof to maintain the issue raised by the pleadings, that defendants were common carriers of passengers and their baggage, between Little Falls and New York, or that they had any authority, as a corpoartion, to contract for the carriage of passengers or their baggage by steamboat, on the Hudson river. Although forming a connecting line with the Peoples’ Line of steamboats, running from Athens to Hew York, there was no evidence of the existence of any agreement between defendants and that line, by which they had any community of interest in, or…
2Cases cited11 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
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