Curtis v. Avon, Geneseo & Mount Morris Railroad
New York Supreme Court
THIS action was commenced before a justice of the peace of Livingston county, to recover of the defendant the value of certain baggage belonging ■ to the plaintiff delivered to the defendant for transportation as a carrier, and claimed to have been lost, through its negligence.
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THIS action was commenced before a justice of the peace of Livingston county, to recover of the defendant the value of certain baggage belonging ■ to the plaintiff delivered to the defendant for transportation as a carrier, and claimed to have been lost, through its negligence. The facts were these : The plaintiff’s minor son, a cripple, unable to carry his baggage, was placed on board the defendants’ cars at Avon, and his fare paid to Mount Morris ; on arriving at that place, the son informed the baggage man that he could not take away his baggage until he could go home, and his father would…
1Opinion of the Court
By the Court, Johnson, J.
The summons was properly served, as appears by the return, and the justice acquired thereby complete jurisdiction of the parties. A service on a *154director of a corporation is regular. (Code, § 134. Wheeler v. The New York and Harlem Railroad Co. 24 Barb. 414. The New York and Erie Railroad Co. v. Purdy, 18 id. 574.)
The objection to the inquiry made of Booth, and his answer, was not well taken. Booth was the defendants’ agent, and had charge of the depot and freight therein, at Mount Morris, when the -baggage in question was lost. He was the proper person to inquire of,…
2Cases cited3 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Powell v. MyersNew York Supreme Court · 1841
- Wheeler v. New York & Harlem Rail RoadNew York Supreme Court · 1857
3Cited by10 opinions
- Central Railroad & Banking Co. v. SkellieSupreme Court of Georgia · 1891
- Miller v. KingNew York Supreme Court · 1895
- Illinois Central Railroad v. TronstineMississippi Supreme Court · 1887
- Brockett v. New Jersey Steam-Boat Co.U.S. Circuit Court for the District of Northern New York · 1883
- Tallman v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908
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