Eaton v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was to recover damages for injuries sustained by the plaintiff by a collision upon defendant’s road.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was to recover damages for injuries sustained by the plaintiff by a collision upon defendant’s road. The material facts are as follows: In April, 1869, the plaintiff, with two other young men, was walking along the track of defendant’s road, toward New York; a coal train, came along with a large number of coal cars; there was a caboose at the end of the…
1Opinion of the Court
Dwight, C.
The real inquiry in the present action is, whether, under the circumstances of the case, the relation of common carrier and passenger existed between the plaintiff and defendant. If that can be established, it is plain that the negligence of the conductor was such as to make the defendant liable for the plaintiff’s injuries. It must, however, appear that the defendant was under a duty to the plaintiff to exercise care toward him. That duty can only spring up from acts of the conductor causing the relation of common carrier and passenger to exist between the parties. It is now well…
2Cases cited12 opinions
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Robertson v. New York & Erie Rail RoadNew York Supreme Court · 1856
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3Cited by58 opinions
- Rolfe v. . HewittNew York Court of Appeals · 1920
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- Springer v. ByramIndiana Supreme Court · 1894
- Lemasters v. Southern Pacific Co.California Supreme Court · 1900
- Morris v. . BrownNew York Court of Appeals · 1888
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