Legal Opinion

Leach v. Buffalo, Rochester & Pittsburg Railroad

New York Supreme Court

Decided January 24, 1891Published

Appeal from circuit court," Wyoming county. Action by Mary Leach against the Buffalo, Rochester & Pittsburg Railroad Company for personal injuries alleged to have been inflicted on plaintiff by other passengers on defendant’s train. Judgment was entered on a verdict for plaintiff for $1,000, and a motion for a new trial was denied. Defendant appeals.

1Opinion of the CourtCorlett, J.

On the 17th day of October, 1889, the plaintiff purchased an excursion ticket from the defendant for a passage on its road from Silver Springs to Rochester, and return. The plaintiff entered the car to return a few minutes before it started. A number of men of the excursion party went into the rear end of the same car. There were 10 or 12 of them, and they engaged in loud talking, and appeared to be intoxicated. Some of them stood up, and at times walked up and down the aisle, quarreling among themselves. Blows were struck, and finally two of them, Madison and Austin, in a struggle between…

2Cases cited1 opinion

  1. McDermott v. ConleyNew York Supreme Court · 1890

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