Cary v. Cleveland & Toledo Rail Road
New York Supreme Court
THIS action was brought by the plaintiff to recover for baggage delivered to the defendant at Toledo to be carried to Buffalo and there delivered to the passenger to whom it belonged, the plaintiff’s assignor. The cause was tried at the Oneida circuit, before Pratt, J. and a jury.
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THIS action was brought by the plaintiff to recover for baggage delivered to the defendant at Toledo to be carried to Buffalo and there delivered to the passenger to whom it belonged, the plaintiff’s assignor. The cause was tried at the Oneida circuit, before Pratt, J. and a jury. The defendant .is a corporation organized and constituted under the laws of Ohio, for the construction and operation of a rail road, for the transportation of freight and passengers between Toledo and Cleveland in that state. Between Cleveland and Buffalo, two other rail road companies—the Cleveland, Painesville and…
1Opinion of the CourtWm. F. Allen, J.
A reversal of the judgment and a new trial is asked for, upon exceptions taken on the trial at the circuit. Only one or two questions were urged upon the argument of the appeal, yet as the counsel for the appellant has, in his printed points, taken the position that upon the whole evidence the plaintiff was not entitled to recover, and that the defendant’s several exceptions were well taken, it becomes necessary to examine the several points made at the trial; and it will be convenient to examine them in the order in which they were taken.
At the close of the plaintiff’s case the defendant’s…
2Cases cited11 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Runyan v. Lessee of CosterSupreme Court of the United States · 1840
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
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3Cited by16 opinions
- Bradley v. BallardIllinois Supreme Court · 1870
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Bank of Oswego v. . DoyleNew York Court of Appeals · 1883
- Buffett v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1869
- Milnor v. . N.Y. and N.H.R.R. Co.New York Court of Appeals · 1873
11 more not listed; retrieve them via the Exa API.