Conway v. Brooklyn Heights R.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Queens County. Action by Annie E. Conway against the Brooklyn Heights Railroad Company and another. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant Brooklyn Heights Railroad Company appeals.
1Opinion of the CourtJenks, J.
The actionable negligence of the railroad corporation turns upon the proposition whether it failed in its legal obligation when it did not arrest its car. If the motorman was apprised, or in the exercise of proper care should have been apprised, that his obligation to his passengers required him to stop the car in order to prevent the collision, and could, in the exercise of such care, have done so, and thereby avoided the collision, then liability for the injury consequent upon his omission may be cast upon the defendant. I think that the learned court erred when it charged the jury that the…
2Cases cited11 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
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