Tewes v. North German Lloyd Steamship Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for the loss of plaintiff’s baggage, consisting of a trunk containing wearing apparel, which loss it is alleged was caused by the defendant’s negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for the loss of plaintiff’s baggage, consisting of a trunk containing wearing apparel, which loss it is alleged was caused by the defendant’s negligence. The plaintiff is a resident of Long Island City, and on or about June 20tli, 1900, purchased a ticket from the defendant entitling him to passage on the…
1Opinion of the CourtWerner, J.
For the purposes of this appeal we must assume that plaintiff's trunk was properly delivered to the defendant. The verdict of the jury settled that question in plaintiff's favor, and the unanimous affirmance of the Appellate Division precludes us from examining the record to ascertain whether the verdict is supported by evidence. There are exceptions to the charge, however, the principal one of which relates to the provision in the passage ticket purchased by the plaintiff, purporting to limit defendant's liability for loss of baggage. After the learned trial court had charged the jury very…
2Cases cited9 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Westcott v. . FargoNew York Court of Appeals · 1875
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Belger v. . DinsmoreNew York Court of Appeals · 1872
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3Cited by37 opinions
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Slevin Container Corp. v. Provident Federal Savings & Loan Ass'nAppellate Court of Illinois · 1981
- Kilthau v. International Mercantile Marine Co.New York Court of Appeals · 1927
- Gardiner v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
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