Corcoran v. New York, N. H. & H. R.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by James E. Corcoran against the New York, New Haven & Hartford Railroad Company. “Judgment dismissing complaint, and plaintiff appeals.
1Opinion of the CourtJenks, J.
We held on the first appeal (46 App. Div. 201, 61 N. Y. Supp. 672) that the fault of the defendant, if any, was failure to promulgate proper rules for the management and conduct of the movement of its cars, and to direct that proper warnings be given. We held on the second appeal (58 App. Div. 606, 69 N. Y. Supp. 73) that the court erred in its refusal to charge that the jury were not authorized to find a rule necessary or proper for the management in question unless there was proof of such a rule in force on some other roads, or that it was practicable and reasonable to provide against such…
2Cases cited8 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
- Rose v. . Boston Albany R.R. Co.New York Court of Appeals · 1874
- Potter v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1892
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3Cited by1 opinion
- Willis v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1941