108 N.Y.S. 972 | N.Y. App. Term. | 1908
The plaintiff was the only witness called at the trial. He testified that, on May 22, 1905, he took passage on one of the Pennsylvania Railroad Company’s cars from Hew York to Philadelphia, and also bought a ticket entitling him to occupy a parlor-car seat in one of defendant’s cars attached to the Pennsylvania Railroad train, which train left Jersey City at seven-fourteen p. m. Just before entering the car, he gave his overcoat to defendant’s porter and told the porter to put it on the seat plaintiff had engaged in defendant’s said car. He followed the porter into the car and saw him place the overcoat on the said seat. Plaintiff then went into another car and remained about an hour and a half, when he returned to the seat in defendant’s said car and found that his overcoat was gone. What became of the over
The judgment must be reversed and a new trial granted, with costs to appellant to abide the event.
Present: G-ildersleeve, Bischoee and MacLean, JJ.
Judgment reversed and new trial granted, with costs to appellant to abide event.