Tracy v. Grand Concourse Service Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Grand Concourse Service Co., Inc., in each action, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Bronx on the 28th day of April, 1921, affirming a judgment of the Municipal Court- of the City of New York, borough of The Bronx, Second District, in favor of the plaintiff in each of the actions.
1Opinion of the Court
Laughlin, J.:
Frederick S. Tracy and Henrietta R. Tracy are husband and wife. They were married on the 30th of September, 1920; and the recovery by each of them was for the loss of hand baggage intrusted on that day to a chauffeur in the employ of the defendant and in charge of the automobile hired for their use. The theory of the complaint in each action is that the defendant was liable as a common carrier and as bailee of the property. The only points presented by the appeal relate to whether the defendant was liable on either theory.
The causes were tried together before the court without a…
2Cases cited5 opinions
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Goldstein v. . Pullman Co.New York Court of Appeals · 1917
- Polack v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1906
- McKillop v. ReichAppellate Division of the Supreme Court of the State of New York · 1902
- Morris v. Third Avenue RailroadNew York Court of Common Pleas · 1862
3Cited by1 opinion
- Mooney v. TuckermanSupreme Court of Rhode Island · 1929