Irving v. Pullman Co.

Appellate Terms of the Supreme Court of New York

Irving v. Pullman Co.

84 N.Y.S. 248

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1903

StatusPublished

Cited by2 cases

This text of 84 N.Y.S. 248 (Irving v. Pullman Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Irving v. Pullman Co., 84 N.Y.S. 248 (N.Y. Ct. App. 1903).

Pincite

Opinion

PER CURIAM.

The plaintiff was a passenger on defendant’s sleeping car. He gave his umbrella to the porter, who alone was in charge of the car, to take to his berth, and then went to bed. The next morning he could not find the umbrella. No explanation of its loss has been furnished by defendant. Apparently the plaintiff did not see the umbrella after giving it to the porter to be carried to his berth. The justice gave judgment for plaintiff for $5 damages and $2 costs. Under the undisputed evidence of plaintiff, we will not interfere with the conclusion of the court below, as the negligence of defendant is sufficiently shown. See William v. Webb, 27 Misc. Rep. 508, 511, 58 N. Y. Supp. 300 (Leventritt, J.) ; Carpenter v. R. R. Co., 124 N. Y. 53, 57, 26 N. E. 277, 11 L. R. A. 759,.21 Am. St. Rep. 644.

Judgment affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The plaintiff was a passenger on defendant’s sleeping car. He gave his umbrella to the porter, who alone was in charge of the car, to take to his berth, and then went to bed. The next morning he could not find the umbrella. No explanation of its loss has been furnished by defendant. Apparently the plaintiff did not see the umbrella after giving it to the porter to be carried to his berth. The justice gave judgment for plaintiff for $5 damages and $2 costs. Under the undisputed evidence of plaintiff, we will not interfere with the conclusion of the court below, as the negligence of defendant is sufficiently shown. See William v. Webb, 27 Misc. Rep. 508, 511, 58 N. Y. Supp. 300 (Leventritt, J.) ; Carpenter v. R. R. Co., 124 N. Y. 53, 57, 26 N. E. 277, 11 L. R. A. 759,.21 Am. St. Rep. 644.

Judgment affirmed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

84 N.Y.S. 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irving-v-pullman-co-nyappterm-1903.

Opinion

Related

Cite This Page — Counsel Stack