Legal Opinion

Quinlan v. Sixth Avenue Railroad

New York Court of Common Pleas

Decided May 15, 1873PublishedCited by 4 opinions

Appeal by defendants from a judgment entered upon the verdict of a jury. On the 9th day of April, 1870, the plaintiff entered one of the defendants’ cars for the purpose of going down to '48th street, where she lived. A small child belonging to her employer was in her charge at the time, and she took a seat in the rear end of the car, with the child in her arms.

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Appeal by defendants from a judgment entered upon the verdict of a jury. On the 9th day of April, 1870, the plaintiff entered one of the defendants’ cars for the purpose of going down to '48th street, where she lived. A small child belonging to her employer was in her charge at the time, and she took a seat in the rear end of the car, with the child in her arms. When the car reached the vicinity of 54th street, a runaway team of horses belonging to the defendants ran violently against the rear thereof, shattering the same considerably, and throwing it off the track. The plaintiff swore that…

1Opinion of the Court

By the Court.*—Loew, 7.

—To maintain her action it was not only necessary for the plaintiff to show that she had received an injury, but she was bound to assume the onus of proving affirmatively that the same was caused by reason of the carelessness or negligence of the defendant or its servants (Deyo v. N. Y. Central R. R. Co. 34 N. Y. 9).

This proof, we think, she failed to furnish.

The uncbntradicted testimony of the defendants’ foreman shows that for more than six weeks previous to the accident, the two runaway horses had been worked together every day, had given entire satisfaction, and…

2Cases cited1 opinion

  1. Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865

3Cited by4 opinions

  1. Rowe v. SuchCalifornia Supreme Court · 1901
  2. Gottwald v. BernheimerNew York Court of Common Pleas · 1875
  3. Van Houten v. FleischmannNew York Court of Common Pleas · 1892
  4. Holliday v. GardnerIndiana Court of Appeals · 1901

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