Carpenter v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, reversing a judgment of the General Term of the City Court of New York, which affirmed a judgment dismissing the complaint on the merits entered upon an order at the Trial Term. This action was brought to recover money alleged to have been stolen from plaintiff while a passenger on one of defendant’s sleeping-cars.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, reversing a judgment of the General Term of the City Court of New York, which affirmed a judgment dismissing the complaint on the merits entered upon an order at the Trial Term. This action was brought to recover money alleged to have been stolen from plaintiff while a passenger on one of defendant’s sleeping-cars. The defendant, a railroad corporation, is a carrier of passengers over its line between the cities oi New York and Boston, and runs sleeping-cars with the usual accommodations. '…
1Opinion of the Court
Follett, Ch. J.
Money necessary for the payment of the expense of a journey undertaken, which is carried in the trank of a passenger is part of his baggage, and if lost while in the custody of a carrier for transportation it is liable. (Merrill v. Grinnell, 30 N. Y. 594; Fairfax v. N. Y. C. & H. R. R. R. Co., 73 id. 167; 2 Red. R. R. 59.) But carriers do not undertake to carry and safely deliver the effects of travelers not delivered into tlieir custody, and it cannot be held that money in a passenger’s clothing worn during the day and placed under his pillow at night is in the custody of the…
2Cases cited2 opinions
- Merrill v. . GrinnellNew York Court of Appeals · 1864
- Lewis v. New York Sleeping Car Co.Massachusetts Supreme Judicial Court · 1887
3Cited by5 opinions
- Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Fisher v. the Pullman Co.Missouri Court of Appeals · 1923
- Hill v. Pullman Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1911
- Piper v. New York Central & Hudson River RailroadNew York Supreme Court · 1894
- Myers v. Pullman Co.Court of Appeals of Kentucky · 1912