Brown v. . New York Central Railroad Co.
New York Court of Appeals
On the 15th of May, 1859, plaintiff was a passenger on defendant’s express train of cars from Buffalo to Syracuse, which train ran off the track, about 10 o’clock in the forenoon, near Jordan station, in Cayuga county, and injured plaintiff, for which cause this action is prosecuted.
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On the 15th of May, 1859, plaintiff was a passenger on defendant’s express train of cars from Buffalo to Syracuse, which train ran off the track, about 10 o’clock in the forenoon, near Jordan station, in Cayuga county, and injured plaintiff, for which cause this action is prosecuted. The cause was tried in 1860, in Onondaga county, before a court and jury, and the justice ordered a nonsuit on the ground that there was no evidence of negligence against defendant, and refused to submit that question to the jury, to which ruling the plaintiff excepted. The court ordered the entry of judgment…
1Opinion of the CourtPeckham, J.
Upon the facts, was there error in nonsuiting the plaintiff and refusing to allow the case to go to the jury?
It is insisted by the plaintiff that that part of the old highway running east and west, which was exclusively occupied by the defendant as its road bed, and .whereon this injury occurred, had ceased, by the acts of the defendant, to be a public road, and that defendant was, therefore, guilty of negligence in not having fenced it and put cattle guards at each end, as would have been required by law-under such facts.
It appeared by the proof that the east and west road had been entirely…
2Cases cited3 opinions
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
3Cited by11 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Burke v. StateNew York Court of Claims · 1909
- Seymour v. Chicago, B. & Q. Ry. Co.U.S. Circuit Court for the Northern District of Illnois · 1871
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