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Brauer v. N.Y. Central & H.R.R. Co.

New Jersey Superior Court, Appellate Division
103 A. 166 (N.J. App. 1918)


A train owned by the N.Y. Central & H.R.R. Co. (Railroad) (defendant) negligently ran into Brauer’s (plaintiff) wagon. Brauer’s belongings in the wagon were scattered about as a result, and thieves came along and stole them. The driver of the wagon was too dazed as a result of the crash to do anything about the thieves and two railroad detectives on the train also did nothing. Brauer sued the Railroad, seeking recovery for, among other things, his stolen belongings. The trial court ruled in favor of Brauer. The Railroad appealed.

Rule of Law


Holding and Reasoning (Swayze, J.)

Dissent (Garrison, J.)

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