Gundlin v. Hamburg-American Packet Co.
New York Court of Common Pleas
Appeal by plaintiff from a judgment of the General Term of the New York City Court, which affirmed a judgment for defendant upon a verdict in its favor ; and also from the affirmance of an order denying plaintiff’s motion to set aside the verdict and for a new trial. The action was brought by Abey Gündlin as a passenger of the defendant, the Ham burg-American Packet Company, to recover for the loss of certain pieces of baggage.
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Appeal by plaintiff from a judgment of the General Term of the New York City Court, which affirmed a judgment for defendant upon a verdict in its favor ; and also from the affirmance of an order denying plaintiff’s motion to set aside the verdict and for a new trial. The action was brought by Abey Gündlin as a passenger of the defendant, the Ham burg-American Packet Company, to recover for the loss of certain pieces of baggage. The complaint in substance alleged that defendant was a foreign corporation, and had undertaken to transport, as a common carrier, plaintiff’s baggage from the city of…
1Opinion of the CourtBischoff, J.
No error appears from the record by due exception for which we may reverse the judgment on the merits.
Several exceptions appear to rulings on the admission of evidence for defendant. The first was taken to the denial of a motion by plaintiff’s counsel to strike out the witness’s answer to a question not objected to. It was within the discretion of the court to deny the motion (Plainer v. Plainer, 78 N. Y. 90); and assuming that the answer was in part irresponsive to the question, the motion to strike out should have been limited to that part (McCabe v. Brayton, 38 N. Y. 196; People v. Beach,…
2Cases cited45 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Fischer v. . LangbeinNew York Court of Appeals · 1886
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3Cited by3 opinions
- O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899
- Barkley v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Barkley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898