Roth v. . Buffalo State Line R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Superior Court of the city of Buffalo, affirming a judgment of the county court of Erie, reversing a judgment of a justice’s court in favor of the plaintiff.
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Appeal from a judgment of the Superior Court of the city of Buffalo, affirming a judgment of the county court of Erie, reversing a judgment of a justice’s court in favor of the plaintiff. The action was brought to recover the value of a trunk and its contents, the property of Vincent Dunn, the plaintiff’s assignor, which, it was alleged, was delivered to the defendants, to be carried by them, with its owner, over their railroad from Dunkirk to Buffalo, for hire, and which they refused to deliver or account for to Dunn or the plaintiff. The cause was tried by the justice, without a jury. The…
1Opinion of the CourtSmith, J.
All extraneous circumstances stated by the witnesses being rejected, the case proved is briefly this: Dunn, the' plaintiff’s assignor; took passage, With his trunk, at Dunkirk, for Buffalo,,on the defendants’ cars. Immedi-' • ately on the arrival of the Cars at the place of destination; he went from the depot without looking for' his trunk, or saying anything about it to defendants’ agents, and left it in their hands, as he himself testified, solely for his- Own accommodation.' The agents of the company immediately" proceeded to unload the baggage on the train; and without any unnecessary…
2Cases cited4 opinions
- Cumpston v. McNairNew York Supreme Court · 1828
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
- Bryden v. BrydenNew York Supreme Court · 1814
- Heubach Bros. v. Rother & MollmannThe Superior Court of New York City · 1853
3Cited by55 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Bennett v. Lycoming County Mutual InsuranceNew York Court of Appeals · 1876
- Diers v. MallonNebraska Supreme Court · 1895
- Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
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