Burnell v. . the New York Central R.R. Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court of the first judicial district, reversing a judgment for plaintiff, entered upon the report of a referee, and granting new trial. On the 5th day of March-, 1866, the plaintiff purchased, at the ticket-office of the defendants, at Palmyra, a ticket for the city of New York, and his baggage, consisting of a trunk, was regularly checked, and placed in their custody.
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Appeal from an order of the General Term of the Supreme Court of the first judicial district, reversing a judgment for plaintiff, entered upon the report of a referee, and granting new trial. On the 5th day of March-, 1866, the plaintiff purchased, at the ticket-office of the defendants, at Palmyra, a ticket for the city of New York, and his baggage, consisting of a trunk, was regularly checked, and placed in their custody. By an arrangement between the defendants and the Hudson River Railroad Company, passengers from Palmyra to New York were carried from Albany, by the latter company, to its…
1Opinion of the Court
Chuboh, Oh. J.
The plaintiff took passage, at Palmyra, on the defendant’s road for New York, and purchased a ticket and checked his trunk to the latter place. On his arrival in New York, the plaintiff, without calling for his baggage, went to Brooklyn, and the second day after his arrival presented his check and demanded his trunk, hut it could not be found, and has not since been found. This action was brought to recover the value of the trunk and contents. The referee found that the trunk was lost through the negligence of the defendants and their servants, and that the plaintiff was…
2Cases cited2 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Cary v. Cleveland & Toledo Rail RoadNew York Supreme Court · 1859
3Cited by56 opinions
- Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Cargill, Incorporated v. Commodity Credit CorporationCourt of Appeals for the Second Circuit · 1960
- Schwerin v. . McKieNew York Court of Appeals · 1872
- Bank of Oswego v. . DoyleNew York Court of Appeals · 1883
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