Fairfax v. . N.Y.C. H.R.R.R. Co.

We think this judgment must be reversed upon the ground that it clearly appears that the portmanteau was taken in charge by the defendant and transported to New York, and there deposited by it in its baggage-room. The defendant thus incurred the responsibility of a warehouseman, at least, without regard to the question which has been argued whether it became liable as a common carrier. When the plaintiff demanded the article it had disappeared, and no account is given of the cause of such disappearance. This is prima facie evidence of negligence. (Steers v. Liv., N.Y. and P. Sts. Co., 57…