Masterson v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff; entered upon an order made April 8, 1880, denying a motion for a new trial, and directing judgment on a verdict. This action was brought to recover damages for the death of James Masterson, plaintiff’s testator, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff; entered upon an order made April 8, 1880, denying a motion for a new trial, and directing judgment on a verdict. This action was brought to recover damages for the death of James Masterson, plaintiff’s testator, alleged to have been caused by defendant’s negligence. Plaintiff’s evidence was to the effect that the deceased was engaged as a mason at North Albany on the 24th of September, 1878. At the close of the day’s work he and two others rode home to the city of Albany in…
1Opinion of the CourtDanforth, J.
As to the general principles of law applicable to this case there is no room for argument. It was the defendant’s duty to keep its road-bed at the street-crossing in such condition that a traveler could pass over it in safety, or failing in this, make compensation to a person injured by reason of its omission, unless he was so deficient in reasonable and ordinary care that he brought the accident upon himself. (Laws of 1850, chap. 140, § 28, sub. 5; Cott v. Lewiston R. R. Co., 36 N. Y. 214; Gale v. N. Y. C. & H. R. R. R. Co., 76 id. 594.) That the plaintiff’s intestate was lawfully upon this…
2Cases cited5 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Cott v. . the Lewiston Railroad Co.New York Court of Appeals · 1867
3Cited by6 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Clement v. Crosby & Co.Michigan Supreme Court · 1907
- Albahae v. Catskill Mountain RailroadAppellate Division of the Supreme Court of the State of New York · 2000
- Indianapolis & Vincennes Railroad v. McLinIndiana Supreme Court · 1882
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