Davis v. Cayuga & Susquehanna Railroad
New York Supreme Court
The plaintiff complained of the defendants, as carriers of property, for the loss of a trunk and contents. The proof of defendants’ undertaking to carry the trunk, was the possession of defendants’ check; such as are given to passengers on the cars, and duplicates of which are attached to the trunk by the baggage-master.
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The plaintiff complained of the defendants, as carriers of property, for the loss of a trunk and contents. The proof of defendants’ undertaking to carry the trunk, was the possession of defendants’ check; such as are given to passengers on the cars, and duplicates of which are attached to the trunk by the baggage-master. The plaintiff came to the Ithaca Hotel in the evening, after the arrival of the cars from Owego, and he gave his check to the witness to look for his trunk that night at the other hotels; and the next morning it was presented to the baggage-master at the depot, but the trunk…
1Opinion of the Court
By the court—Shankland, Justice.
I am of opinion, the possession of the check by the plaintiff, and the testimony of the baggage-master, that, when required by passengers, he puts checks on their baggage, and gives duplicates to passengers, is suEcient evidence that plaintiff was a passenger on the cars, and that he had baggage checked on that occasion. But the defendants now object, that the complaint does not allege that the plaintiff was a passenger, and that none but passengers having checks can be sworn as to the contents, of lost trunks, by the statute. (Laws of 1850, p. 232.)
But no such…
2Cited by6 opinions
- Kansas City, Fort Scott & Gulf Railroad v. MorrisonSupreme Court of Kansas · 1886
- Sherman v. Pullman Co.Appellate Terms of the Supreme Court of New York · 1913
- Grzywacz v. N. Y. C. & H. R. R. R. Co., New York County Courts1911
- Milhous v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1906
- Wilkins v. EarleThe Superior Court of New York City · 1865
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