MAYS v. NEW YORK, NEW HAVEN & H. R. R. CO.


197 Misc. 1062 (1950)

Whitefoord S. Mays, Jr., Respondent, v. New York, New Haven and Hartford Railroad Company, Appellant.

Supreme Court, Appellate Term, First Department.

April 13, 1950.


Attorney(s) appearing for the Case

Kenneth B. Morton and Edward R. Brumley for appellant.

Thomas O. Morgan for respondent.

PECORA, J., concurs with EDER, J.; HAMMER, J., dissents in memorandum.


EDER, J.

Plaintiff was a passenger on defendant's commuters' train en route from the Grand Central station to his home in Greens Farms, Connecticut. He had a large pigskin wardrobe trunk in the parcel room at the station and engaged a redcap to take it from there and carry it into one of the cars of the train. He accompanied the redcap into the car. The trunk was too large to be placed in the overhead rack and plaintiff had the redcap place the trunk...

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