Graves v. Fitchburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fitchburg Railroad Company, from a judgment of the Comity Court of Rensselaer county in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 23d day of December, 1891, affirming a judgment rendered by the Justice’s Court of the city of Troy. The plaintiff was a passenger on the defendant’s train and arrived with his trunk at its station in' Iloosick at about half-past seven o’clock .in the evening.
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Appeal by the defendant, The Fitchburg Railroad Company, from a judgment of the Comity Court of Rensselaer county in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 23d day of December, 1891, affirming a judgment rendered by the Justice’s Court of the city of Troy. The plaintiff was a passenger on the defendant’s train and arrived with his trunk at its station in' Iloosick at about half-past seven o’clock .in the evening. He there left the train and went to visit a friend about a mile and a half distant. He saw the trunk taken from the train at…
1Dissent
Putnam, J. (dissenting):
The impression I entertained on the argument of this appeal has been changed by a careful examination of the return of the justice and consideration of the questions involved.
*595The plaintiff, on Thursday, the 28th day of January, 1897, with his trunk, took passage on the defendant’s cars at Bennington, Vt., for Hoosick, U. T. He reached the latter place at a quarter of seven in the evening. The plaintiff was on his way to visit a Mr. Quackenbush, who lived a mile and a half from the railroad station, and depended upon the latter to take him and his baggage from the…
2Cases cited4 opinions
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Burgevin v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Mortland v. Philadelphia & R. Ry. Co.New York Supreme Court · 1894