Dexter v. Syracuse, Binghamton & New York Railroad
New York Court of Appeals
Appeal from a-judgment ordered by the'General Term of the Supreme Court, in the sixth district, upon exceptions there heard in the first instance, upon a verdict for $304.10, rendered at the Cortland Circuit, in favor of the plaintiff’s intestate. This action was brought to recover the value of a trunk and its contents lost upon the defendant’s railroad.
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Appeal from a-judgment ordered by the'General Term of the Supreme Court, in the sixth district, upon exceptions there heard in the first instance, upon a verdict for $304.10, rendered at the Cortland Circuit, in favor of the plaintiff’s intestate. This action was brought to recover the value of a trunk and its contents lost upon the defendant’s railroad. The plaintiff’s intestate (her husband) was a passenger from ¡New York by way of the Erie and the defendant’s railroad, to Cortland, where he resided. He purchased in ¡New York, the trunk and its contents, consisting of wearing apparel for…
1Opinion of the CourtE. Darwin Smith, J.
The points made upon the motion for a nonsuit present the true theory of the defence, and present for discussion and consideration the true principles upon which the right of action of the plaintiff depends. The requests to charge, and the propositions submitted to the circuit judge, are simply reiterations in a different form, quite needlessly made, of the same points or questions. It is not denied and cannot be, in view of the numerous decisions on the subject in this State and in others, that the defendants, as a carrier of passengers, are responsible for the carriage and safe delivery of…
2Cases cited3 opinions
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Powell v. MyersNew York Supreme Court · 1841
- Merrill v. . GrinnellNew York Court of Appeals · 1864
3Cited by12 opinions
- Pullman Palace Car Co. v. GavinTennessee Supreme Court · 1893
- Kansas City Southern Railway Co. v. SkinnerSupreme Court of Arkansas · 1908
- Sherman v. Pullman Co.Appellate Terms of the Supreme Court of New York · 1913
- Robinson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- House v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1912
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