Marmonstein v. Pennsylvania Railroad
New York Court of Common Pleas
Appeal from city court, general term. Action by Jacob Marmonstein against the Pennsylvania Railroad Company. From a judgment of the city court (32 N. Y. Supp. 1146) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. The plaintiff was one of a party transported at the expense of the Hebrew Charity Association from New York to Black Rock, Ark. They traveled under two party tickets issued by the Pennsylvania Railroad Company.
Read the full summary
Appeal from city court, general term. Action by Jacob Marmonstein against the Pennsylvania Railroad Company. From a judgment of the city court (32 N. Y. Supp. 1146) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. The plaintiff was one of a party transported at the expense of the Hebrew Charity Association from New York to Black Rock, Ark. They traveled under two party tickets issued by the Pennsylvania Railroad Company. The 'first ticket was a party ticket issued by the Pennsylvania Railroad Company for transportation from New York to St. Louis, and it…
1Opinion of the Court
PRYOR) J.
Whatever the law in other jurisdictions, it is settled in this state that “the receipt of goods marked for a place beyond the terminus of the carrier’s route does not import a contract to carry them to their final destination. Such a contract will not be inferred from the simple address of the goods. There must be other facts and circumstances sufficient to show a special contract.” Condit v. Railroad Co., 54 N. Y. 500, 502; Berg v. Steamship Co., 5 Daly, 394; Rawson v. Holland, 59 N. Y. 611; Jennings v. Railway Co., 127 N. Y. 438, 28 N. E. 394. The principle is so prevalent in the…
2Cases cited8 opinions
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- Rawson v. . HollandNew York Court of Appeals · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Soviero v. Westcott Express Co.Appellate Terms of the Supreme Court of New York · 1905