Mattison v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover the value of a trunk and contents, the baggage of plaintiff while a passenger upon defendant’s road, alleged to have been lost through defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover the value of a trunk and contents, the baggage of plaintiff while a passenger upon defendant’s road, alleged to have been lost through defendant’s negligence. In July, 1866, the plaintiff was a passenger on one of the defendant’s cars from Rochester to Palmyra, having purchased a passage ticket and procured her baggage to be checked at Rochester.…
1Opinion of the Court
Gray, C.
It is doubtless true that, although the liability of a common carrier ceases upon the failure of the passenger to call for'baggage within a reasonable time after its arrival at the place of its destination, a modified liability, analogous to that of a warehouseman, continues. (Burnell v. The N. Y. Central Railroad Co., 45 N. Y., 184.) And this upon the ground that this modified obligation is incurred at the time of making the contract for the transportation of the passenger and baggage and is a part 'of the contract itself, and to remain in force for temporary convenience arising from…
2Cases cited2 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Dininny v. New York & New Haven RailroadNew York Court of Appeals · 1872
3Cited by5 opinions
- Lake Shore & Michigan Southern Railway Co. v. FosterIndiana Supreme Court · 1885
- Maxwell v. GerardNew York Supreme Court · 1895
- Matteson v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Bilikan v. Columbus Railway & Light Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1910
- Matteson v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879