Lechowitzer v. Hamburg-American Packet Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by Chaim Lechowitzer against the Hamburg-American Packet Company. From a judgment of the city court (27 N. Y. Supp. 140) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
A judgment for the plaintiff in an action for loss of baggage against an ocean carrier is challenged on appeal for alleged errors of the court in the charge, in the refusal to dismiss the complaint, and in the exclusion of evidence.
1. It is insisted that the action miscarried for failure of proof that *578the contract of transportation was by the defendant company, but, if so, then because no evidence was adduced of negligence on the part of the defendant. Defendant’s contention—urged, however, obliquely rather than explicitly—is that the steamer Sorrento, on which plaintiff became a passenger,…
2Cases cited4 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
- Wheeler v. Oceanic Steam Navigation Co.New York Court of Appeals · 1891
- Tilden v. Mayor of New YorkNew York Supreme Court · 1870
3Cited by2 opinions
- Jenkins v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Marmonstein v. Pennsylvania RailroadNew York Court of Common Pleas · 1895