Legal Opinion

Hutchins v. . Pennsylvania R.R. Co.

New York Court of Appeals

Decided April 11, 1905PublishedCited by 7 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 8, 1904, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 8, 1904, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial judge erred in directing a verdict for the plaintiff, because: The presumption of law was that the trunk was not opened while in the defendant’s custody; and that fact was positively proved. (Smith v. N. Y. C. R. R. Co., 43 Barb. 225;…

1Opinion of the CourtYann, J.

In May, 1900, the plaintiff applied to an agent of the defendant for through transportation from Brooklyn, New York, to Carlsbad, New Mexico, “ over the Pennsylvania Railroad.” The agent handed her what is called “ a continuous passage, through ticket,” and she paid him the price aslced therefor. At the same time the defendant gave her a check “ on that ticket ” for her trunk to Carlsbad, New Mexico, but when the trunk Avas delivered at that place the lock was broken and a portion of the contents Avas missing.

At the head of the ticket was printed in' someAvhat conspicuous type “ Pennsylvania…

2Cases cited6 opinions

  1. Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
  2. Smith v. . WestonNew York Court of Appeals · 1899
  3. Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
  4. Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
  5. Madan v. . SherardNew York Court of Appeals · 1878

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3Cited by7 opinions

  1. Sulzberger Sons Co. of Okla. v. StricklandSupreme Court of Oklahoma · 1916
  2. Wiener v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1932
  3. Thurston v. Northern Navigation Co.Michigan Supreme Court · 1919
  4. Gomm v. Oregon Railroad & Navigation Co.Washington Supreme Court · 1909
  5. O'Rourke v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1915

2 more not listed; retrieve them via the Exa API.

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