Legal Opinion

Curtis v. . Rochester and Syracuse Railroad Company

New York Court of Appeals

Decided March 5, 1859PublishedCited by 104 opinions

Action for damages received by a passenger on the defendant’s railroad from the negligence of its servants. On the trial, before Mr. Justice Johnson, at the Cayuga Circuit, the evidence was that the train containing the plaintiff ran off the track at Waterloo, at a switch. The proof left it uncertain whether the switch was deranged, or the accident resulted from the spreading and breaking of the rails.

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Action for damages received by a passenger on the defendant’s railroad from the negligence of its servants. On the trial, before Mr. Justice Johnson, at the Cayuga Circuit, the evidence was that the train containing the plaintiff ran off the track at Waterloo, at a switch. The proof left it uncertain whether the switch was deranged, or the accident resulted from the spreading and breaking of the rails. There was no evidence that there was any visible defect in the apparatus prior to the'accident. The plaintiff’s oncle was wrenched and her leg bruised. A running sore or ulcer succeeded upon…

1Opinion of the Court

The judge charged the jury in this case, "that the fact ofthis accident occurring was of itself presumptive evidence of negligence on the part of the defendants." If by this the judge is to be understood as saying that, in cases of this kind, evidence of the mere happening of an accident, resulting in injury to the plaintiff, without proof of any of the circumstances under which it occurred, establishes, primafacie, the charge of negligence, I am not prepared to assent to the proposition. Carriers of passengers are not insurers; and many injuries may occur to those they transport for which…

2Cases cited2 opinions

  1. Stokes v. SaltonstallSupreme Court of the United States · 1839
  2. Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857

3Cited by104 opinions

  1. Steitz v. GiffordNew York Court of Appeals · 1939
  2. Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
  3. Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
  4. Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
  5. Dobbins v. . BrownNew York Court of Appeals · 1890

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