Barden v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central Railroad Company, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of May, 1917, affirming a judgment of the City Court of the City of New York entered upon the verdict of a jury, and also affirming an order denying defendant’s motion for a new trial.
1Opinion of the Court
Smith, J.:
The plaintiff was riding upon one of the defendant’s trains. She says that she put some jewelry of the value of about $1,200 in a handkerchief, and tied up the handkerchief. She then went into the defendant’s dining car and while there put the handkerchief with the jewelry inclosed upon the dining table. She previously had it in a mesh bag but had taken it out of the mesh bag apparently in order to use the handkerchief, although it contained these diamonds. She swears that when she left the dining table she left this handkerchief with these diamonds inclosed upon the table, having…
2Cases cited1 opinion
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
3Cited by2 opinions
- McKee v. RobertAppellate Division of the Supreme Court of the State of New York · 1921
- Central Hanover Bank & Trust Co. v. RabinowitzAppellate Terms of the Supreme Court of New York · 1935