Kelly v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made June 29,1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover damages for an accident-resulting in the death of the plaintiff’s decedent, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made June 29,1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover damages for an accident-resulting in the death of the plaintiff’s decedent, alleged to have been caused by defendant’s negligence. The evidence on the part of the plaintiff tended to show the' following facts: The deceased, in company with his brother-in-law, left the saloon, kept by the latter on the south-west •corner of Thirty-fourth street and First avenue…
1Opinion of the CourtPeckham, J.
The rule in relation to the hability of railroad corporations for injuries sustained by passengers under such 1 circumstances as this case develops, differs from that which obtains in the case of an injury to a passenger while he is being carried over the road of the corporation and where the injury occurs from a defect in the road-bed, or machinery or in the construction of the pars, or where it results from a defect in any of the appliances such as would be likely to occasion great danger and loss of life to those traveling on the road. The rule in the latter case requires from the carrier…
2Cases cited6 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Palmer v. . Pennsylvania Co.New York Court of Appeals · 1888
- Unger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1873
- Weston v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1878
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3Cited by80 opinions
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Bethel v. New York City Transit AuthorityNew York Court of Appeals · 1998
- Pessagno v. Euclid Inv. Co.Court of Appeals for the D.C. Circuit · 1940
- Davis v. South Side Elevated RailroadIllinois Supreme Court · 1920
75 more not listed; retrieve them via the Exa API.