Curtis v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. This action was brought to recover for the loss of a trunk and its contents.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. This action was brought to recover for the loss of a trunk and its contents. The court found, in substance, that plaintiff, on the 9th of October, 1875, took passage on defendant’s road from Scranton, Pa., to New York city, leaving his baggage to be brought by his wife ; that, on the 16th of October, 1875, plaintiff’s wife and infant son took passage at Scranton for New York, with his and…
1Opinion of the CourtMiller, J.
The right of a passenger to recover of a railroad corporation damages arising by reason of a loss of baggage, while traveling upon the railroad, is fully established, and according to the laws of this State there can be no question as to the liability of such company for the loss actually sustained, when it fails to fulfil the contract with the traveler, or is chargeable with negligence, by which the damages are caused. The baggage, for which a recovery ivas had, was delivered to the defendant at Scranton, in the State of Pennsylvania, to be transported to and delivered in the city of Yew…
2Cases cited8 opinions
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Thompson v. KetchamNew York Supreme Court · 1811
- Rawson v. . Pennsylvania Railroad Co.New York Court of Appeals · 1872
- Fairfax v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Benton v. Safe Deposit BankNew York Court of Appeals · 1931
- Whiton v. . SnyderNew York Court of Appeals · 1882
29 more not listed; retrieve them via the Exa API.