Hutchins v. . Pennsylvania R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 8, 1904, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 8, 1904, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial judge erred in directing a verdict for the plaintiff, because: The presumption of law was that the trunk was not opened while in the defendant’s custody; and that fact was positively proved. (Smith v. N. Y. C. R. R. Co., 43 Barb. 225;…
1DissentO’Brien, J.
This appeal presents a question of law concerning the defendant’s liability for loss or injury to the plaintiff’s baggage at some point beyond the terminus of the defendant’s road and where it was being transported to tlie place of destination "by another, independent and connecting railroad. At the close of the evidence in the case the defendant moved for the direction of a verdict in its favor, and the result of this motion ivas that the learned trial court directed a verdict for the plaintiff, and to this ruling and direction the defendant excepted. The affirmance of the judgment, entered…
2Cases cited8 opinions
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Pennsylvania Railroad v. JonesSupreme Court of the United States · 1894
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
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