Matteson v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for the loss of a trunk and its contents. It is reported upon a former appeal in 57 N. Y, 552. Plaintiff, with her sister, took passage on defendant’s road, from Rochester to Palmyra. Their baggage consisted of one trunk each, and a small valise.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover for the loss of a trunk and its contents. It is reported upon a former appeal in 57 N. Y, 552. Plaintiff, with her sister, took passage on defendant’s road, from Rochester to Palmyra. Their baggage consisted of one trunk each, and a small valise. The three pieces were checked at Rochester for Palmyra, and arrived safely at that place. What occurred thereafter is set forth sufficiently in the…
1Opinion of the CourtAndrews, J.
The jury found that the trunk was not delivered to, or accepted by the plaintiff on the arrival of the train at Palmyra. It is claimed however that the evidence conclusively established a delivery by the company, and a termination of its responsibility. It is not claimed that the trunk was taken by the plaintiff from the station. On the contrary it is conceded that it remained there for about two weeks, and was then delivered by the .baggage-master to a stranger, who falsely claimed that he was authorized by the plaintiff to receive it. The contention of the defendant is that it was left by…
2Cases cited3 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Powell v. MyersNew York Supreme Court · 1841
- Mattison v. . New York Central R.R. Co.New York Court of Appeals · 1874