Isaacson v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 25 Hun, 350.) This action was brought to recover damages for the loss of plaintiff’s baggage while en route from Hew York city to Hew Orleans. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 25 Hun, 350.) This action was brought to recover damages for the loss of plaintiff’s baggage while en route from Hew York city to Hew Orleans. The material facts are stated in the opinion. Whether the relation between the plaintiff and the', defendant be considered one of . contract or of voluntary bailment, the defendant must be…
1Opinion of the CourtAndrews, J.
The plaintiff failed to establish a contract by the defendant to carry him and his baggage from New York to New Orleans, via the “ Mobile route ” from Niagara Falls, as alleged in the complaint. On the contrary the proof conclusively negatived the existence of a through contract by the defendant. The only contract between the plaintiff and defendant for the carriage of the former was made at Niagara Falls, about July 1, 1876, through the purchase there by the plaintiff, of tickets for himself and family over the defendant’s road from Niagara Falls to the city of New York, and from the latter…
2Cases cited4 opinions
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
3Cited by8 opinions
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Braun v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1900
- Kelley v. HitzigNassau County District Court · 1972
- Railway Co. v. BerrySupreme Court of Arkansas · 1895
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