Dininny v. New York & New Haven Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and directing a new trial. The action was brought against defendant as a common carrier to recover for the loss of the contents of a trunk. On the 4th day of July, 1868, the wife of plaintiff was a passenger upon defendant’s road from the city of New York to Mount Vernon.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee and directing a new trial. The action was brought against defendant as a common carrier to recover for the loss of the contents of a trunk. On the 4th day of July, 1868, the wife of plaintiff was a passenger upon defendant’s road from the city of New York to Mount Vernon. She had with her a trunk containing, wearing apparel for herself and plaintiff, jewelry and other articles. The train arrived at Mount Vernon at about…
1Opinion of the CourtPeckham, J.
The Supreme Court reversed the judgment entered upon the report of the referee, and gi'anted a new trial; but as it is not stated to have been reversed upon a question of fact, it is deemed to have been exclusively upon questions of law.
The referee found, upon evidence, that “ the plaintiff caused the demand to be made for said trunk and contents within a reasonable time, and made reasonable efforts, and within a reasonable time, to demand and procure the trunk and con tents; and that the defendant refused and neglected to deliver the contents of said trunk.”
This finding, so stated, includes…
2Cited by8 opinions
- Toledo, St. Louis & Kansas City Railroad v. TappIndiana Court of Appeals · 1893
- Hœger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Mattison v. . New York Central R.R. Co.New York Court of Appeals · 1874
- Graves v. Fitchburg RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Mortland v. Philadelphia & R. Ry. Co.New York Supreme Court · 1894
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