Tracy v. Grand Concourse Service Co. — 234 N.Y. 649

Majority

p. 649

Henrietta R. Tracy, Respondent, v. Grand Concourse Service Co., Inc., Appellant. Frederick S. Tracy, Respondent, v. Grand Concourse Service Co., Inc., Appellant.

Headnote

Bailment —, liability of company engaged in renting automobiles, together •with chauffeurs, for loss of baggage intrusted to chauffeur.

Tracy v. Grand Concourse Service Co., Inc., 199 App. Div. 348 (2 cases), affirmed.

(Argued December 14, 1922;

decided January 11, 1923.)

Appeal, in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 650

entered January 28, 1922, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor -of plaintiff. The action was to recover for the loss of hand baggage intrusted to a chauffeur in the employ of defendant and in charge of one of defendant’s automobiles hired for the, use of plaintiffs. The theory of the complaints was that the defendant was liable as a common carrier and bailee of the property.

John S. Slattery for appellant.

William F. McDermott, Noah A. Stancliffe and John L. Farrell for respondents.

Judgment in each case affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cajrdozo, Pound, McLaughlin, Crane and Andrews, JJ.