Martin v. Central Railroad Co. of New Jersey
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiff, John T. Martin, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of'"Westchester on the 10th day of May, 1907, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the plaintiff’s demurrer to the separate partial defenses in the defendant’s answer.
1Opinion of the Court
Gaynor, J.:
•This complaint is for damages for the negligent loss of the plain-, tiff’s baggage by the defendant. It was received by the defendant in the city of New York and was to be carried thence to Lakewood, N. J. The answer pleads two partial defenses. The first is that the railroad ticket on which the baggage (a trunk) was received and checked bore upon it a “ stipulation and condition ” that free transportation was allowed on it for' 150 pounds of baggage (wearing apparel only), and limiting the company’s liability to one dollar a pound. There" is no allegation that the plaintiff did…
2Cases cited5 opinions
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- Wheeler v. Oceanic Steam Navigation Co.New York Court of Appeals · 1891
- Bermel v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Hutchins v. . Pennsylvania R.R. Co.New York Court of Appeals · 1905
- Strong v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1904