Sampson v. Pullman Co.

Appellate Division of the Supreme Court of New York

Sampson v. Pullman Co.

6 A.D.2d 684, 174 N.Y.S.2d 109, 1958 N.Y. App. Div. LEXIS 5724

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 1958

StatusPublished

This text of 6 A.D.2d 684 (Sampson v. Pullman Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sampson v. Pullman Co., 6 A.D.2d 684, 174 N.Y.S.2d 109, 1958 N.Y. App. Div. LEXIS 5724 (N.Y. Ct. App. 1958).

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Opinion

Although we are satisfied that there is an obligation on the part of the defendant, in the nature of a quasi-bailee, with respect to the luggage of passengers which may not under some circumstances be limited to the period when passengers are asleep at night, as in Goldstein v. Pullman Co. (220 N. Y. 549), we do not reach the question here. (See, also, 13 C. J. S., Carriers, § 914.) There is sufficient proof in the record to support a finding that the plaintiff failed to prove her freedom from contributory negligence. Under the circumstances, the determination of the Appellate Term is unanimously affirmed on the facts and the law, with costs to the respondents. Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

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Although we are satisfied that there is an obligation on the part of the defendant, in the nature of a quasi-bailee, with respect to the luggage of passengers which may not under some circumstances be limited to the period when passengers are asleep at night, as in Goldstein v. Pullman Co. (220 N. Y. 549), we do not reach the question here. (See, also, 13 C. J. S., Carriers, § 914.) There is sufficient proof in the record to support a finding that the plaintiff failed to prove her freedom from contributory negligence. Under the circumstances, the determination of the Appellate Term is unanimously affirmed on the facts and the law, with costs to the respondents. Concur — Breitel, J. P., Rabin, Frank, McNally and Stevens, JJ.

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Bluebook (online)

6 A.D.2d 684, 174 N.Y.S.2d 109, 1958 N.Y. App. Div. LEXIS 5724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-pullman-co-nyappdiv-1958.

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