Carpenter v. . Boston and Albany R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 2, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint' on trial.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 2, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint' on trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence) Plaintiff, desiring to take passage on defendant’s road, and having purchased a ticket, went out on the platform -of the depot at Chatham village, waiting for an approaching train. The train had a postal car attached, ahead of the…
1Opinion of the CourtDanforth, J.
The plaintiff was injured before the actual commencement of his journey, but he was lawfully on the platform because he was a passenger, and was approaching the train, as the defendant concedes, “ in the usual and ordinary way,” to enter the car in which he had purchased a right to travel. The law in such a case is well settled. It imposes an obligation on the railroad company to take reasonable care that a person holding that relation to it shall while on its premises he exposed to no unnecessary danger or one of which it is aware, and requires it to provide for him a safe passage to the…
2Cases cited3 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
3Cited by32 opinions
- Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
- Ferry Companies v. WhiteTennessee Supreme Court · 1897
- Benson v. Northland Transportation Co.Supreme Court of Minnesota · 1937
- Galloway v. Chicago, M. & St. P. Ry. Co.Supreme Court of Minnesota · 1894
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