Robinson 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 an order of the Supreme Court, made at the New York Special Term and entered in the office-of the clerk of the county of New York on the 9 th day of March, 1911, sustaining the plaintiff’s demurrer to a partial defense. ,
1Opinion of the Court
Miller, J.:
For the purpose of testing the sufficiency of the partial defense demurred to, it is to be assumed that the defendant undertook for the regular fare to safely transport the plaintiff and his trunk, containing wearing apparel and. other personal effects necessary for his use and comfort on his journey, and that such baggage, of the value of $550, was lost through its negligence. The partial defense is that the defendant’s tariff published, posted and filed with the Public Service Commission, provided for the free transportation of a passenger’s baggage not exceeding $150 in value,…
2Cases cited4 opinions
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Gardiner v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Dexter v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1870
- Meister v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- Bridge v. New York Central & Hudson River RailroadNew York Supreme Court · 1914
- Granbery v. TaylorAppellate Terms of the Supreme Court of New York · 1916
- Levett v. DraperAppellate Division of the Supreme Court of the State of New York · 1921
- Levett v. DraperAppellate Terms of the Supreme Court of New York · 1919
- Minturn v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1927
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