Clarke v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 14th day of October, 1912, upon the report of a referee.
1Per curiam
The referee properly found the defendant liable for negligence in not using the care which an ordinary person as warehouseman would exercise under the same circumstances. Upon the authority of Robinson v. N. Y. C. & H. R. R. R. Co. (145 App. Div. 391; affd., 203 N. Y. 627) and Hyman v. South Coast Hotel Co. (146 App. Div. 341) the recovery is not limited to $150 for each person. The judgment is, therefore, affirmed, with costs.
All concurred, except Howard, J., dissenting in opinion.
2Cases cited3 opinions
- Robinson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Hyman v. South Coast Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Robinson v. . the New York Central Hudson River Rd. Co.New York Court of Appeals · 1911