United States Supreme Court Cases & Opinions

U.S. Supreme Court

Henderson v. Louisville & Nashville Railroad, 123 U.S. 61 (1887)

Henderson v. Louisville and Nashville Railroad

Argued October 21, 1887

Decided October 31, 1887

123 U.S. 61

Syllabus

A railroad company is not responsible for the loss of a bag containing money and jewelry, carried in the hand of a passenger and by him accidentally dropped through an open window in the car, although, upon notice of the loss, it refuses to stop the train short of a usual station to enable him to recover it.

Under the practice in Louisiana, the circuit court of the United States, after ordering a petition to be dismissed as showing no cause of action, but with leave to file an amended petition, may at the hearing on the amended petition amend the order allowing it to be filed by providing that it shall be treated as a mere amendment to the original petition, and thus preclude the plaintiff from contesting a material fact, within his own knowledge, averred in that petition.

Page 123 U. S. 62

This was an action against a railroad company. Judgment for defendant. Plaintiff sued out this writ of error. The case is stated in the opinion of the Court.