Gardiner v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in tire first judicial department? entered June 17, 1910, which affirmed an interlocutory judgment of Special Term overruling a demurrer to a partial defense contained in the answer.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in tire first judicial department? entered June 17, 1910, which affirmed an interlocutory judgment of Special Term overruling a demurrer to a partial defense contained in the answer. The action was brought to recover several hundred dollars as the alleged value of certain baggage received and checked by defendant for plaintiff and claimed to have been lost through the negligence of the former. The substance of the partial defense which has been demurred to is as follows: The plaintiff as passenger was riding…
1Opinion of the CourtHiscock, J.
Appellant alleges that her baggage checked by respondent under a special form of ticket issued at reduced rates was lost through the carrier’s own neglect, and the criticism made of the latter’s partial defense setting up a clause in said ticket limiting its liability to a specified amount is that such clause does not expressly excuse the respondent’s own negligence as bailee and, therefore, is not a defense in this case where such neglect is relied on.
*391The question thus raised under the circumstances of this case will be a narrow one. Its determination will be controlled by the interpretation…
2Cases cited9 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- The KensingtonSupreme Court of the United States · 1902
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hooker v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1911
- Healy v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912