Carroll v. New York & New Haven Railroad
The Superior Court of New York City
At a Special Term of the Superior Court of the City of Hew York, held at the City Hall, in said city, on the 12th day of March, 1853. Present, Hon. John Duer, Justice. The People of the State of Hew York, ex rel. Thomas E. Davis and Courtlandt Palmer, against . Oscar W. Stdrtevant.
Read the full summary
At a Special Term of the Superior Court of the City of Hew York, held at the City Hall, in said city, on the 12th day of March, 1853. Present, Hon. John Duer, Justice. The People of the State of Hew York, ex rel. Thomas E. Davis and Courtlandt Palmer, against . Oscar W. Stdrtevant. A writ of attachment having heretofore issued out of and under the seal of this court, directed to the sheriff of the city and county of Hew York, against the above named Osear W. Sturtevant, for contempt in .disobeying an injunction granted in the action pending in this court, of Thomas E. Davis and Courtlandt…
1Opinion of the CourtBy the Court. Bosworth, J.
The plaintiff was injured by two trains running in opposite directions coming in collision. Both trains belonged to the defendants, and were controlled by their agents. The collision resulted from their gross negligence. The plaintiff was, at the time of the collision, in the post-office apartment of the baggage car. It was a much more dangerous location, on the happening of such a collision as took place, than a seat in the passenger cars, and he knew this fact. The conductor acquiesced in his riding in the baggage car: he was, therefore, lawfully in that car; that is, he was not a…
2Cases cited2 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
3Cited by20 opinions
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- Downey v. C. & O. Railway Co.West Virginia Supreme Court · 1886
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
15 more not listed; retrieve them via the Exa API.