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Jaffe v. Pennsylvania Railroad

94 N.Y.S. 1150 Court N.Y. App. Term Decision date 1905-06-22 English

Delivered by MacLEAN, J.

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p. 1150
JAFFE, Appellant, v. PENNSYLVANIA R. CO., Respondent.
(Supreme Court, Appellate Term.
June 22, 1905.)

Headnote

Appeal from Munieipal Court, Borough of Manhattan,' Thirteenth District. Action by Henry H. Jaffe against the Pennsylvania Railroad Company. From a judgment in favor of defendant, plaintiff appeals.
Reversed.
Aaron J. Levy, for appel-1 lant.
Robinson, Biddle & Ward, for respond-' ent.

Inasmuch as the baggageman testified that the plaintiff told him that there were eyeglasses and other goods in the bag, and no one contradicted him, the liability of the defendant seems established. Saleeby v. Cent. R. R. of N. J., 99 App. Div. 163 , 90 N. Y. Supp. 1042 . The judgment should therefore be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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