Allen v. Buffalo, Rochester & Pittsburgh Railway Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in tiie fifth judicial department, entered October 24, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by the plaintiff, alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in tiie fifth judicial department, entered October 24, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by the plaintiff, alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion. The court erred in denying defendant’s motion for a nonsuit, as it does not appear from the evidence that the defendant owed any duty,…
1Opinion of the CourtO’Brien, J.
The basis of the recovery in this case was the omission of the defendant to perform' the statutory duty to restore a public highway to its former condition or to such state as not unnecessarily to have impaired its usefulness. The plaintiff, while driving upon one of the public highways of the town with a horse and carriage, was thrown out and injured. At the point in the highway where the accident occurred there was a defect which the jury could have found to have been the proximate cause of the injury. The defense of contributory negligence on the part of the plaintiff was properly…
2Cases cited8 opinions
- McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Burritt v. City of New HavenSupreme Court of Connecticut · 1875
- Bryant v. . Town of RandolphNew York Court of Appeals · 1892
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
- Masterson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chicago, Indianapolis & Louisville Railway Co. v. State ex rel. ZimmermanIndiana Supreme Court · 1902
- County of Alameda v. Southern Pacific Co.California Supreme Court · 1961
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- People Ex Rel. Bacon v. Northern Central Railway Co.New York Court of Appeals · 1900
- City of Mt. Vernon v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1922
9 more not listed; retrieve them via the Exa API.