Abbott v. Johnstown, Gloversville & Kingsboro Horse Railroad
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, The Johnstown, Gloversville and Kingsboro Railroad Company. This action was brought to recover damages for alleged negligence causing the death of David H. Cuyler, plaintiff’s intestate. The facts appear sufficiently in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, The Johnstown, Gloversville and Kingsboro Railroad Company. This action was brought to recover damages for alleged negligence causing the death of David H. Cuyler, plaintiff’s intestate. The facts appear sufficiently in the opinion. The corporation defendant was organized under the general railroad law of this State, and possessed no other power or properties than the statute creating it confers, either expressly or as incidental to its very existence.…
1Opinion of the Court
Church, Ch. J.
The defendant corporation was organized under the general railroad act, and constructed and owns a horse railroad between the villages of Johnstown and Gloversville, and in 1875, leased the road for five years to the defendant Nicholas H. Decker, who was operating the road at the time the accident occurred, which resulted in the death of the plaintiff’s husband, for compensation for which, the action was brought, it being alleged that the death was produced by the negligence" of a driver, upon one of the cars. The trial judge dismissed the complaint as to the corporation…
2Cases cited3 opinions
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Macon & Augusta Railroad v. Moses & MayesSupreme Court of Georgia · 1873
- Norton v. E. WiswallNew York Supreme Court · 1858
3Cited by41 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- Johnson v. Southern Pacific R.R. Co.California Supreme Court · 1908
- Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
- Chattanooga, Rome & Columbus Railroad Co. v. LiddellSupreme Court of Georgia · 1890
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