Dwinelle v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made May 12, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at circuit. This was an action to recover damages for an assault upon plaintiff by a porter on a sleeping-car in one of defendant’s, trains.
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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made May 12, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at circuit. This was an action to recover damages for an assault upon plaintiff by a porter on a sleeping-car in one of defendant’s, trains. The facts proven upon the trial were that plaintiff purchased tickets for himself and wife from Geneva to Rew York for a, continuous passage in the ordinary car upon defendant’s road,, and also tickets for a section in a…
1Opinion of the CourtPotteb, J.
The defendant was under contract obligations to transport the plaintiff, with his wife, from Geneva to the city of ¡New York, and it had entered upon the performance of the contract, when further performance was temporarily suspended until the defendant could make arrangements to overcome the difficulty and obstruction caused by the washout of its road-bed.
While this was being done the plaintiff was a passenger of the defendant, and entitled to all the rights which pertain to a passenger upon a train moving toward the point or destination specified in the contract of carriage. Among the…
2Cases cited12 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Althorf v. . WolfeNew York Court of Appeals · 1860
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3Cited by16 opinions
- Adams v. New York City Transit AuthorityNew York Court of Appeals · 1996
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Rand v. Butte Electric Railway Co.Montana Supreme Court · 1910
- Chudnovski v. EckelsIllinois Supreme Court · 1908
- Vanderhule v. BerinsteinAppellate Division of the Supreme Court of the State of New York · 1954
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