Owen v. Hudson River Railroad
The Superior Court of New York City
This is an appeal by the defendants, from a judgment, entered on the verdict of a jury, in favor of the plaintiffs, for $1187.73. The action was tried in May, 1856, before Mr. Justice Slosson and a jury. Daniel Qwen and Jeremiah Gr. Lugar, the plaintiffs, as partners, owned and run a line of stage omnibuses through the Tenth Avenue, in New York City, in which avenue the track of the road of The Hudson River Railroad Company, (the defendants,) is laid.
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This is an appeal by the defendants, from a judgment, entered on the verdict of a jury, in favor of the plaintiffs, for $1187.73. The action was tried in May, 1856, before Mr. Justice Slosson and a jury. Daniel Qwen and Jeremiah Gr. Lugar, the plaintiffs, as partners, owned and run a line of stage omnibuses through the Tenth Avenue, in New York City, in which avenue the track of the road of The Hudson River Railroad Company, (the defendants,) is laid. This action is brought to recover damages which the plaintiffs sustained, by a collision between one of their stages and the defendants’ cars,…
1Opinion of the CourtBy the Court. Hoffman, J.
It has become a settled axiom in our State, that if the negligence of a plaintiff who complains of an injury has contributed to produce it, he is not entitled to recover. (Rathbun v. Payne, 19 Wendell, 399; Collins v. The Albany & Sch. R. R. Co., 12 Barbour, 492 ; Munger v. Tonawanda R. R. Co., 4 Comstock, 349 ; 5 Denio, 255.)
This rule is modified by another, which is thus stated by Chief-Justice Duer, in Johnson v. The Hudson River R. R. Co., (5 Duer, 27.) “ As the plaintiff in the action is not allowed to recover, notwithstanding the clearest proof of the negligence of the defendants, when…
2Cases cited4 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1855
- Lessee of Allen v. ParishOhio Supreme Court · 1827
3Cited by6 opinions
- New Orleans, Jackson & Great Northern Railroad v. HarrisonMississippi Supreme Court · 1873
- Brady v. ChicagoU.S. Circuit Court for the Northern District of Illnois · 1865
- Newhouse v. MillerIndiana Supreme Court · 1871
- Ginnon v. New York & Harlem RailroadThe Superior Court of New York City · 1864
- Bertram v. Peoples Railway Co.Supreme Court of Missouri · 1900
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