Borden v. New York Central Railroad
City of New York Municipal Court
Motion by the plaintiff to set aside a dismissal of the complaint upon the pleadings and the opening of the plaintiff’s counsel, and to restore the case to the calendar for retrial.
1Opinion of the CourtRansom, J.
This case turns upon a novel and interesting question — unadjudicated, so far as I can find, in any court — as to a common carrier’s liability for the loss of baggage, under the highly organized and perfected conditions of modern railway travel. The plaintiff passenger carried with her upon an interstate journey three rings and a lavaliérre. She left the jewelry momentarily upon a table in the defendant’s dining-car, with waiter-employees and other persons nearby. When she returned to reclaim it, no trace could be found. Upon the pleadings and the opening of plaintiff’s counsel, I was of the…
2Cases cited10 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. RobinsonSupreme Court of the United States · 1914
- Carpenter v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1891
- Henderson v. Louisville & Nashville RailroadSupreme Court of the United States · 1887
- Pullman Palace Car Co. v. Matthews.Texas Supreme Court · 1889
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
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3Cited by1 opinion
- Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio GrandenseCivil Court of the City of New York · 1975