Kessler v. New York Central & Hudson River Railroad
Commission of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment entered for plaintiff on the report of a referee, and grant- ' ing a new trial. (Reported below, 7 Lans., 62.) This action was brought to recover for loss of baggage.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment entered for plaintiff on the report of a referee, and grant- ' ing a new trial. (Reported below, 7 Lans., 62.) This action was brought to recover for loss of baggage. It apppeared that, on September 29, 1870, the plaintiff •bought a coupon ticket in the city of Washington for a passage to Buffalo over the Baltimore and Ohio Railroad, the Philadelphia, Wilmington and Baltimore Railroad, Camden and Amboy Railroad, the Jersey Transportation Company and the New York Central and…
1Opinion of the Court
Earl, C.
There was no proof that the defendant and the other railroad companies were jointly engaged in the business of transporting passengers between Washington and Buffalo. The plaintiff purchased her ticket and obtained the check at the depot of the Baltimore and Ohio Railroad Company. What agency the person who sold the ticket had does not appear, and it does not appear whose agent he was. It is so improbable that all the companies between Washington and Buffalo had some arrangement by which they were jointly interested in the passenger business over all the roads that it cannot be…
2Cases cited1 opinion
- Milnor v. . N.Y. and N.H.R.R. Co.New York Court of Appeals · 1873
3Cited by2 opinions
- Chicago & Alton Railroad v. MulfordAppellate Court of Illinois · 1895
- Poole v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1885