Lustig v. International Navigation Co.
City of New York Municipal Court
Appeal from a judgment entered in favor of plaintiff, rendered upon the verdict of a jury, and from an order denying a motion for a new triah
1Opinion of the CourtDelehanty, J.
The judgment and order appealed from must ba reversed. The conceded question in the case upon which all *803others hinge, is whether the defendant ever received into its care the haggage in question. If there was no delivery to it there could be no liability for such only attaches from the time of delivery and acceptance. Grosvenor v. N. Y. C. R. R. Co., 39 N. Y. 34.
The most favorable inference to be drawn from the testimony in aid of plaintiff’s contention that there was a delivery, brings it far from the point of connection. The plaintiff’s own testimony is to the effect that when she arrived…
Also in this document: Concurrence.
2Cases cited2 opinions
- Grosvenor v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1868
- Aikin v. . WestcottNew York Court of Appeals · 1890