Legal Opinion

Strong v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 7 opinions

Appeal by the defendants, The Long Island Railroad Company and another, from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the plaintiff, entered on the 26th day of September, 1903..

1Opinion of the Court

Jenks, J. :

The plaintiff proved that when the trunk was delivéred to the Delaware, Lackawanna and Western Railroad Company its contents *443were in perfect condition. The presumption is that that condition continued while it was in the possession of that company. (Springer v. Westcott, 2 App. Div. 295 ; 19 id. 366 ; affd., 166 N. Y. 117.) There is no evidence to overcome this presumption. The Long Island Railroad Company, the expressman, did not offer any evidence whatever. The plaintiff testifies that the trunk was placed on a delivery wagon at a hotel in Mount Pocono, and that he went with the…

2Cases cited8 opinions

  1. Blossom v. . DoddNew York Court of Appeals · 1870
  2. Zimmer v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1893
  3. Springer v. . WestcottNew York Court of Appeals · 1901
  4. Grossman v. DoddNew York Supreme Court · 1892
  5. Rosenthal v. . WeirNew York Court of Appeals · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Bates v. WeirAppellate Division of the Supreme Court of the State of New York · 1907
  2. Woolsey v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  3. Colvin v. FargoAppellate Terms of the Supreme Court of New York · 1905
  4. Central Storage Warehouse Co. v. PickeringOhio Supreme Court · 1926
  5. Martin v. Central Railroad Co. of New JerseyAppellate Division of the Supreme Court of the State of New York · 1907

2 more not listed; retrieve them via the Exa API.

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