Dawley v. Wagner Palace Car Co.
Massachusetts Supreme Judicial Court
Contract, with a count in tort, to recover for the loss of the plaintiff’s property, alleged to have been stolen while the plaintiff was riding as a passenger in one of the defendant’s cars, through the negligence of the defendant’s servants. Trial in the Superior Court, before Gaskill, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Contract, with a count in tort, to recover for the loss of the plaintiff’s property, alleged to have been stolen while the plaintiff was riding as a passenger in one of the defendant’s cars, through the negligence of the defendant’s servants. Trial in the Superior Court, before Gaskill, J., who allowed a bill of exceptions, in substance as follows. The plaintiff testified that, on June 25,1894, he purchased a ticket entitling himself and wife to the use of a section in a sleeping car of the defendant from Chicago to Boston, attached to a train due to leave Chicago at 10.30 o’clock p. m. ;…
1Opinion of the CourtKnowlton, J.
The general propositions of law applicable to this case are not in dispute. The questions raised depend for their determination upon the view to be taken of the facts in their relation to the principles of law established in like cases. It is agreed that the plaintiff’s travelling bag was not in .the cus*324tody of the defendant in such a sense as to create the ordinary-liability of common carriers of merchandise, and the jury were so instructed. Lewis v. New York Sleeping Car Co. 143 Mass. 267, 273. On the other hand, upon the view of the relations of the parties most favorable to the defendant,…
2Cases cited1 opinion
- Lewis v. New York Sleeping Car Co.Massachusetts Supreme Judicial Court · 1887
3Cited by4 opinions
- Whicher v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1900
- Williams v. WebbAppellate Terms of the Supreme Court of New York · 1899
- Lynch v. Pennsylvania RailroadMassachusetts Supreme Judicial Court · 1947
- Randall v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1917