Legal Opinion

Jones v. Norwich & New York Transportation Co.

New York Supreme Court

Decided November 4, 1867PublishedCited by 10 opinions

HIS is an appeal by the defendants from a judgment entered on the report of a referee. The action was brought to recover the value of a trunk and contents, the personal baggage of the plaintiff. The referee reported in favor of the plaintiff for $1498.35 ; and judgment was entered for that sum, with .costs, and an allowance for per centange. The facts are sufficiently stated in the opinion of the court.

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HIS is an appeal by the defendants from a judgment entered on the report of a referee. The action was brought to recover the value of a trunk and contents, the personal baggage of the plaintiff. The referee reported in favor of the plaintiff for $1498.35 ; and judgment was entered for that sum, with .costs, and an allowance for per centange. The facts are sufficiently stated in the opinion of the court. I. In the absence of any special agreement on the subject, the rule in this state is, that a common carrier of passengers and their baggage is liable for the latter until its safe arrival and…

1Opinion of the Court

By the Court,

Sutherland, J.

The plaintiff is a resident of Massachusetts. The defendants are a Connecticut corporation, running steamboats for carrying passengers and freight, between New York city and New London, in connection with a railroad or railroads from New London to Boston.

On Saturday, the 7th of May, 1864, the plaintiff being in New York took passage and a state room on the defendant’s boat, City of Boston, for New London, receiving a check for her trunk, containing valuable wearing apparrel and certain other articles, to New London. The boat arrived at New London between half past…

2Cases cited5 opinions

  1. Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
  2. Powell v. MyersNew York Supreme Court · 1841
  3. Cary v. Cleveland & Toledo Rail RoadNew York Supreme Court · 1859
  4. Whitehead v. Buffalo & Lake Huron Railway Co.New York Supreme Court · 1859
  5. Gamble v. BeattieNew York Supreme Court · 1849

3Cited by10 opinions

  1. McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
  2. Gilchrist v. W. Va. O. & O. L. Co.West Virginia Supreme Court · 1882
  3. Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
  4. Cromwell v. Royal Canadian InsuranceCourt of Appeals of Maryland · 1878
  5. Jacobs v. TuttU.S. Circuit Court for the District of Western Missouri · 1888

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