BRAUER V. NEW YORK CENTRAL & HUDSON RIVER RAILROAD
103 A. 166 (1918)
NATURE OF THE CASE: Railroad (D) appealed a judgment for Brauer (P) in their negligence
action.
FACTS: An accident occurred in which P's horse was killed, and his wagon and harness, and
the cider and barrels with which the wagon was loaded, were destroyed. The contents of the
wagon, consisting of empty barrels and a keg of cider, were scattered and probably stolen by
people at the scene of the accident. The driver, was so stunned that one of the railroad
detectives found him immediately after the collision in a fit. The two railroad detectives
on the freight train to protect its property did nothing to protect the P's property. There
was no doubt that D was liable for the accident but a controversy arose over the right for P
to recover for the value of the barrels, cider and blanket. The trial judge awarded P the
damages for the barrels, cider and blanket. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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