Fox v. Wabash Railway Co.
Appellate Terms of the Supreme Court of New York
■ Appeal by the plaintiff from a judgment of the Sixth District '«Court in favor of the defendant. The action was brought to recover the value of certain articles contained in a valise, which was checked for the plaintiff ¡in El Baso, Texas, to Detroit, upon a coupon ticket to Hew York over several railways, including the Texas Pacific, the Iron Mountain, the Wabash (to Detroit), and several others; The plaintiff opened the valise en route at Big Springs, Texas, •on the…
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■ Appeal by the plaintiff from a judgment of the Sixth District '«Court in favor of the defendant. The action was brought to recover the value of certain articles contained in a valise, which was checked for the plaintiff ¡in El Baso, Texas, to Detroit, upon a coupon ticket to Hew York over several railways, including the Texas Pacific, the Iron Mountain, the Wabash (to Detroit), and several others; The plaintiff opened the valise en route at Big Springs, Texas, •on the Texas Pacific railroad, and saw it again at Danville,- Til., on the Wabash line, when, as he claims, he found it had been…
1Opinion of the CourtDaly, P. J.
The appellant is under a misapprehension concerning the law of this state applicable to cases like the present. Where several carriers unite to complete a line of transportation, a passenger, who has delivered baggage in good condition to the first One of the series, may bring his action against any subsequent one in whose hands he finds the baggage in a damaged condition; and can recover without proving that the particular company sued received the property uninjured; as. the original good condition will be presumed to have continued up to the time the company sued received the property, but…
2Cases cited5 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Hawley v. ScrevenSupreme Court of Georgia · 1879
- Kessler v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1875
- Myerson v. WoolvertonNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Blount v. Pennsylvania RailroadNew York Supreme Court · 1908