Deming v. Terminal Railway of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie county. Action by Mary D. Doming against the Terminal Railway of Buffalo and others. From a judgment in favor of plaintiff and from an order denying a new trial, defendants appeal. The appellant the Terminal Railway of Buffalo is a corporation duly organized under the laws of this state, its purpose being to form a connecting link between the Lake Shore & Michigan Southern, and the New York Central & Hudson River Railroads.
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Appeal from trial term, Erie county. Action by Mary D. Doming against the Terminal Railway of Buffalo and others. From a judgment in favor of plaintiff and from an order denying a new trial, defendants appeal. The appellant the Terminal Railway of Buffalo is a corporation duly organized under the laws of this state, its purpose being to form a connecting link between the Lake Shore & Michigan Southern, and the New York Central & Hudson River Railroads. In 1897 it was engaged in constructing the line of its road-from Depew to Blasdell, in the county of Erie, a distance of about 11 miles, and…
1Opinion of the CourtAdams, P. J.
Upon the undisputed facts of this case it is clear that the placing of the embankment in question in the traveled part of a public highway, over which hundreds of teams were passing daily, without taking the slightest precaution to warn or protect travelers who might have occasion to approach it on a dark night, was an act of gross and inexcusable negligence. Indeed, so patent is this fact that the defendants, instead of controverting it, seek to escape responsibility by invoking the rule which exempts a party from liability for the negligent act or omission of an independent contractor who…
2Cases cited21 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Devlin v. . SmithNew York Court of Appeals · 1882
- Blake v. . FerrisNew York Court of Appeals · 1851
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
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3Cited by2 opinions
- Deming v. Terminal RailwayAppellate Division of the Supreme Court of the State of New York · 1900
- Parsons v. Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900