Fairfax v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 J. & D., 18.) This action was brought to recover the value of a portmanteau and contents, alleged to have been delivered to defendant, at Troy, to be transported to New York, and to have been lost through its negligence.
Read the full summary
Appeal from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 J. & D., 18.) This action was brought to recover the value of a portmanteau and contents, alleged to have been delivered to defendant, at Troy, to be transported to New York, and to have been lost through its negligence. The case, upon a former appeal, is reported in 67 N. Y., 11. In the delivery of the portmanteau to defendant, the Grand Trunk Railway acted as plaintiff’s agent. (Nelson v. H. R. R. R. Co., 48 N. Y.,…
1Opinion of the CourtEarl, J.
There is no imputation upon the honesty and good faith of the plaintiff. He made a contract at Montreal to be carried by railroad to Troy or Albany, and thence by steamboat upon the Hudson river to New York. His baggage was checked to go by the same route. It was carried to Troy by railroad, and there the railroad agent, instead of delivering it to be carried by steamboat to New York, delivered it to the defendant. The defendant received it to be transported over its road to New York, supposing that the plaintiff had a ticket for the same route.
The delivery of the baggage to the defendant was…
2Cases cited1 opinion
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by8 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
- Perry v. . R. R.Supreme Court of North Carolina · 1916
- Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio GrandenseCivil Court of the City of New York · 1975
- Simpson v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.