Macklin v. New Jersey Steamboat Co.
New York Court of Common Pleas
Appeal from a judgment, and from an order denying a new trial. This action was brought by John J. Macklin, the assignee of a claim made against the defendant by a passenger upon one' of its boats, for a valise lost or stolen from the passenger’s stateroom. The facts testified to upon the trial sufficiently appear from the opinion of the court. The cause was tried in June, 1868, beford Judge Brady.
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Appeal from a judgment, and from an order denying a new trial. This action was brought by John J. Macklin, the assignee of a claim made against the defendant by a passenger upon one' of its boats, for a valise lost or stolen from the passenger’s stateroom. The facts testified to upon the trial sufficiently appear from the opinion of the court. The cause was tried in June, 1868, beford Judge Brady. At the conclusion of the testimony the counsel for the defendant presented to the judge the following requests to charge: “ First.—In order to make the defendant liable, the property alleged to have…
1Opinion of the Court
Daly, F. J.
A carrier of passengers has the right to establish any reasonable regulation which he considers necessary to secure the safety of the baggage of his passengers ; and if the passenger knows of the regulation, and his baggage is lost through his neglect or refusal to comply with it, the carrier is not answerable (Jencks v. Coleman, 2 Sumn., 221 ; Hall v. Power, 12 Metv., 482; Ball v. New Jersey Steamboat Co., 1 Daly, 491; Mudgett v. The Bay State Co., Id., 155 ; Van Horn v. Ker*234mit, 4 E. D. Smith, 453 ; Angell on Carriers, §§ 530, 530, a, 530 b). This has been, from the time of Coke,…
2Cases cited5 opinions
- Jencks v. ColemanU.S. Circuit Court for the District of Rhode Island · 1835
- Mudgett v. Bay State Steamboat Co.New York Court of Common Pleas · 1861
- Ball v. New Jersey Steamboat Co.New York Court of Common Pleas · 1865
- Van Wyck v. HowardNew York Court of Common Pleas · 1856
- Wilson v. HalpinNew York Court of Common Pleas · 1865
3Cited by1 opinion
- Adams v. . New Jersey Steamboat Co.New York Court of Appeals · 1896