Morris v. Third Avenue Railroad
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Marine Court at General Term. ■ - The plaintiff brought action to recover the value of a satchel .and contents “ casually lost by her” in one of the cars of the defendants. The conductor of the car took care of the article, and on reaching the end of his route,'left it with another employee of the defendants, for safe keeping, in a room provided for that purpose.
Read the full summary
Appeal by the defendant from a judgment of the Marine Court at General Term. ■ - The plaintiff brought action to recover the value of a satchel .and contents “ casually lost by her” in one of the cars of the defendants. The conductor of the car took care of the article, and on reaching the end of his route,'left it with another employee of the defendants, for safe keeping, in a room provided for that purpose. ", ' The latter employee was,- shortly after tlie deposit, applied to for the satchel, by a person who described it, stating it to have been lost by being accidentally left in a car, and…
1Opinion of the Court
By the Court.
Daly, F. J.
The evidence sufficiently shows tho‘ it formed a part of the business of the defendants to take charge of articles left inadvertently in the cars by passengers ; and that by their custom all articles so found were taken by the conductors to the receiver’s office, in Sixty-fifth street, and placed in the care of that officer. This was an arrangement for the benefit of passengers, and though the defendants *205may have received no compensation for it, other than that ■which is included in the fare charged for the conveyance of the passenger, they must, in taking charge of…
2Cases cited3 opinions
- Packard v. GetmanNew York Supreme Court · 1830
- Curtiss v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1855
- Sea Insurance v. WardNew York Supreme Court · 1838
3Cited by5 opinions
- Hunter v. ReedSuperior Court of Pennsylvania · 1899
- Cowen v. PressprichAppellate Terms of the Supreme Court of New York · 1922
- Murray v. ClarkeNew York Court of Common Pleas · 1866
- Tracy v. Grand Concourse Service Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Cowen v. PressprichAppellate Terms of the Supreme Court of New York · 1922