Graves v. Fitchburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Rensselaer county court. Action in justice’s court by Collins M. Graves against the Fitchburg Railroad Company. There was a judgment for plaintiff, and from a judgment of the county court affirming the justice’s court judgment the defendant appeals. The plaintiff was a passenger on the defendant’s train, and arrived with his trunk at its station in Hoosick at about half past 7 o’clock in the evening.
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Appeal from Rensselaer county court. Action in justice’s court by Collins M. Graves against the Fitchburg Railroad Company. There was a judgment for plaintiff, and from a judgment of the county court affirming the justice’s court judgment the defendant appeals. The plaintiff was a passenger on the defendant’s train, and arrived with his trunk at its station in Hoosick at about half past 7 o’clock in the evening. He there left the train, and went to visit a friend about a mile and a half distant. He saw the trunk taken from the train at the time he left it, but made no effort to claim the same…
1Dissent
PUTNAM, J. (dissenting).
The impression I entertained on the argument of this appeal has been changed by a careful examination of the return of the justice, and consideration of the questions involved. The plaintiff, on Thursday, the 28th day of January, 1897, with his trunk, took passage on the defendant’s cars at Bennington, Vt., for Hoosick, N. Y. He reached the latter place at a quarter of 7 in the evening. The plaintiff was on his way to visit a Mr. Quackenb'ush, who lived a mile and a half from the railroad station, and depended upon the latter to take him and his baggage from the depot.…
2Cases cited5 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Burgevin v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Mortland v. Philadelphia & R. Ry. Co.New York Supreme Court · 1894