Rawson v. . Pennsylvania Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered upon a verdict in favor of plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered upon a verdict in favor of plaintiff. The action was brought to recover the alleged valúe of two trunks containing clothing and jewelry to the amount of $3,847, and lost on the railroad of the defendants in September, 1864. The plaintiff was returning from Massillon, Ohio, to Mew York, and bought at Massillon a through ticket to Mew York, which contained the following notice on its face: “ This ticket entitles the holder to not over 80 lbs. baggage free, and not at rate…
1Opinion of the Court
Earl, C.
The first question to be considered is, whether the property destroyed belonged to the plaintiff in such a sense that she can maintain this action. It consisted of her wearing apparel and personal ornaments, and constituted her paraphernalia. A portion of them was given to her by her husband, and as to such portion it is claimed she had no such property as will sustain a recovery in her name. At common law the wife’s paraphernalia during coverture ordinarily belonged to the husband, and he could dispose of them; but he could not dispose of them by will; and if the wife survived him,…
2Cases cited4 opinions
- Blossom v. . DoddNew York Court of Appeals · 1870
- Deming v. WilliamsSupreme Court of Connecticut · 1857
- Borst v. . SpelmanNew York Court of Appeals · 1850
- Neufville v. ThomsonNew York Court of Chancery · 1837
3Cited by37 opinions
- Whiton v. . SnyderNew York Court of Appeals · 1882
- Curtis v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Seymour v. . FellowsNew York Court of Appeals · 1879
- Isaacson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Young v. SecklerAppellate Division of the Supreme Court of the State of New York · 1980
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