Mudgett v. Bay State Steamboat Co.
New York Court of Common Pleas
kvw.s-r, by the defendants from a judgment of the First District Court. The plaintiff sued to recover the value of a valise, which he, as a passenger upon the defendants’ steamboat, running from New York to Fall River, had deposited in his stateroom. The plaintiff testified that he took stateroom Ho. 9, and paid for the same; that he had a valise with him, containing some clothing and other articles, which he took into the stateroom with him.
Read the full summary
kvw.s-r, by the defendants from a judgment of the First District Court. The plaintiff sued to recover the value of a valise, which he, as a passenger upon the defendants’ steamboat, running from New York to Fall River, had deposited in his stateroom. The plaintiff testified that he took stateroom Ho. 9, and paid for the same; that he had a valise with him, containing some clothing and other articles, which he took into the stateroom with him. A key was furnished him by the clerk of the boat. He locked his stateroom and went down to the saloon; in his absence the valise was taken from the…
1Opinion of the Court
By the Court.
Brady, J.
The defendants in this case claim exemption from liability, on the ground that the plaintiff’s valise was never placed in their custody. The liability of a carrier is like that of an inkeeper. Hollister v. Nolan, 19 Wend. 236; Cohen v. Frost, 2 Duer, 341; and it was dedared in Cayle's Case, 8 Co. 33, that it is no excuse for the innkeeper to say that he delivered the guest the key of his chain-her in which he lodged, and that he left the door open, but he ought to keep the goods and chattels of his guest there in safety. This doctrine has frequently been recognized and…
2Cases cited1 opinion
- Stephenson v. New York & Harlem RailroadThe Superior Court of New York City · 1853
3Cited by9 opinions
- Mays v. New York, New Haven & Hartford RailroadAppellate Terms of the Supreme Court of New York · 1950
- Gleason v. Goodrich Transportation Co.Wisconsin Supreme Court · 1873
- Adams v. New Jersey Steamboat Co.New York Court of Common Pleas · 1894
- Gore v. Norwich & New York Transportation Co.New York Court of Common Pleas · 1867
- Henderson v. Louisville & N. R. Co.U.S. Circuit Court for the District of Eastern Louisiana · 1884
4 more not listed; retrieve them via the Exa API.