Graves v. Fitchburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fitchburg Railroad Company, from a judgment of the Comity Court of Rensselaer county in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 23d day of December, 1891, affirming a judgment rendered by the Justice’s Court of the city of Troy. The plaintiff was a passenger on the defendant’s train and arrived with his trunk at its station in' Iloosick at about half-past seven o’clock .in the evening.
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Appeal by the defendant, The Fitchburg Railroad Company, from a judgment of the Comity Court of Rensselaer county in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 23d day of December, 1891, affirming a judgment rendered by the Justice’s Court of the city of Troy. The plaintiff was a passenger on the defendant’s train and arrived with his trunk at its station in' Iloosick at about half-past seven o’clock .in the evening. He there left the train and went to visit a friend about a mile and a half distant. He saw the trunk taken from the train at…
1Opinion of the Court
Parker, P. J.:
It is a well-settled rule of law that the liability of a railroad company for the baggage of a passenger on its road continues to be that of a common carrier until the passenger has had a reasonable opportunity to remove the same from its custody. (Dininny v. N. Y. & N. H. R. R. Co., 49 N. Y. 546; Maxwell v. Gerard, 84 Hun, 537.)
The question is whether that reasonable opportunity had been furnished to the plaintiff in this case before the property in question was stolen from the defendant.
It is argued that when the plaintiff arrived at Hoosick there were no means present whereby…
2Cases cited5 opinions
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Dininny v. New York & New Haven RailroadNew York Court of Appeals · 1872
- Hedges v. . H.R.R.R. Co.New York Court of Appeals · 1872
- Laporte v. Wells, Fargo & Company's ExpressAppellate Division of the Supreme Court of the State of New York · 1897
- Maxwell v. GerardNew York Supreme Court · 1895
3Cited by4 opinions
- Denver & Rio Grande Railroad v. DoyleSupreme Court of Colorado · 1914
- Kressin v. Central RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Burkett v. New York Central & Hudson River Railroad, New York County Courts1898
- Kaplan v. TitusAppellate Terms of the Supreme Court of New York · 1909