Fairfax v. New York Central & Hudson River Railroad
The Superior Court of New York City
Appeal by defendant from judgment entered on a verdict. The plaintiff being in Montreal, purchased a series of tickets from Montreal to Hew York, and left Montreal October 8,1870. The plaintiff was unable .to state the corporation he purchased the tickets of. He says, however, that he purchased them at an office adjoining St. Lawrence Hall, on October 7. 1870, and from the inscription on the check, “ H R. & ft.
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Appeal by defendant from judgment entered on a verdict. The plaintiff being in Montreal, purchased a series of tickets from Montreal to Hew York, and left Montreal October 8,1870. The plaintiff was unable .to state the corporation he purchased the tickets of. He says, however, that he purchased them at an office adjoining St. Lawrence Hall, on October 7. 1870, and from the inscription on the check, “ H R. & ft. It.” meaning Hudson River and Railroad,” and the fact that he landed from a steamboat plying between Albany and New York, and other evidence, it is plain that he purchased them in…
1Opinion of the Court
By the Court.—Speir, J.
The complaint states as the cause of action that the defendant, on October 8, 1870, as common carriers of passengers and their *528baggage, received into its cars the plaintiff with his baggage, to wit: one portmanteau containing wearing' apparel, money for his journey, and other articles, to be carried to the city of New York, and-there to deliver the said baggage ; and that by the negligence and improper conduct of the defendants, said portmanteau and contents were lost, to the plaintiff’s damage, &c.
The answer admits that a portmanteau was received by the defendants on…
2Cases cited8 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Powell v. MyersNew York Supreme Court · 1841
- Root v. . the Great Western R.R. Co.New York Court of Appeals · 1871
- Ouimit v. HenshawSupreme Court of Vermont · 1863
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