Holdridge v. Utica & Black River Railroad
New York Supreme Court
APPEAL from a judgment of the county court of Oneida, affirming a judgment rendered for the plaintiff in a justice’s court. The plaintiff, who resided at Boonville in Oneida county, left his home in September, 1864, for the purpose of going to Frankfort in the county of Herkimer.
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APPEAL from a judgment of the county court of Oneida, affirming a judgment rendered for the plaintiff in a justice’s court. The plaintiff, who resided at Boonville in Oneida county, left his home in September, 1864, for the purpose of going to Frankfort in the county of Herkimer. He took passage on the railroad train of the defendant at Boonville, for Utica, which was about thirty-five miles from Boonville, and about nine miles from Frankfort, and paid for his passage to Utica, and had his valise, which contained clothing, checked to that place. The train arrived at Utica at about half past…
1Opinion of the Court
By the Court,
Foster, J.
I think the decision of the Court of Appeals in Roth v. The Buffalo and State Line Railroad Company, (34 N. Y. Rep. 548,) controls this case. *193There the plaintiff took passage on the defendant’s railroad at Dunkirk, for Buffalo, and paid his fare and had his trunk checked to Buffalo. The train arrived at Buffalo behind time and at about 10 o’clock at night, the weather being cold, and the plaintiff, having his wife with him, did not call for his baggage, but went with her into the city, and staid all night. The next morning he presented the check for his baggage, which…
2Cases cited1 opinion
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
3Cited by2 opinions
- Foley v. Mutual Life InsuranceNew York Court of Appeals · 1893
- Fairfax v. New York Central & Hudson River RailroadThe Superior Court of New York City · 1874