Robinson v. New York Central & Hudson River Railroad
New York Supreme Court
THE plaintiff sues to recover damages for injuries sustained by reason of a collision between a train of cars on the defendant’s road, and a horse and buggy belonging to one Caulon, with whom the plaintiff was riding, by his permission, as a matter of favor merely.
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THE plaintiff sues to recover damages for injuries sustained by reason of a collision between a train of cars on the defendant’s road, and a horse and buggy belonging to one Caulon, with whom the plaintiff was riding, by his permission, as a matter of favor merely. The wagon in which the plaintiff was riding, approached the railroad track from the north, and although the driver stopped and listened, to ascertain whether a train was approaching, could hear none; nor did they hear any whistle sounded or bell rung; and supposing that none was coming, the horse was driven to within a few feet of…
1Opinion of the Court
By the Cotort, Mullin, P. J.
The instructions given to the jury present the only questions for our consideration. I shall examine them in the order in which they are stated above:
First. Was the plaintiff bound to prove, affirmatively, in order to entitle her to recover, not only that the defendant’s negligence produced the injury, but that the driver, Caulon, was guiltless of any negligence which contributed to the collision by means of which the plaintiff sustained the injury ?
For the purposes of this question, we assume that, the plaintiff was responsible for the negligence of which Caulon…
2Cases cited7 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Webster v. . Hudson River R.R. Co.New York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bogardus v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Mele v. Delaware & Hudson Canal Co.The Superior Court of the City of New York and Buffalo · 1891
- Mele v. Delaware & Hudson Canal Co.The Superior Court of New York City · 1891