Pettit v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, G-reene county. Action by Emeline Pettit against the New York Central & Hudson River Railroad Company. There, was a judgment of nonsuit,, and plaintiff appeals.
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Appeal from circuit court, G-reene county. Action by Emeline Pettit against the New York Central & Hudson River Railroad Company. There, was a judgment of nonsuit,, and plaintiff appeals. This action was brought to recover for personal injuries sustained by the plaintiff on the 21st day of March, 1892, by being thrown from a wagon while the horses attached thereto were running, the horses having been frightened by the smoke emitted from the smokestack of a stationary engine used and operated by the defendant for pumping water from a creek about one-half mile westerly from the station of said…
1Per curiam
We think the judgment should be affirmed, for the reasons stated by the learned trial judge in granting the motion for a nonsuit; and see Flinn v. Railroad Co., 142 N. Y. 11, 36 N. E. 1046. The trial judge was correct in holding that the evidence did not show that the pump and the operation of it were a public nuisance. We think, on the evidence, he was not. required to submit the question as to its being such to the jury; hence the case of Morton v. Mayor, etc., 140 N. Y. 207, 35 N. E. 490, and kindred cases cited by appellant, do not apply. All that was shown was that, when the wind blew in…
2Cases cited2 opinions
- Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
3Cited by4 opinions
- Coleman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Bennett v. Illinois Power & Light Corp.Illinois Supreme Court · 1934
- Spring v. Delaware, L. & W. RailroadNew York Supreme Court · 1895
- People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912