Beckwith v. New-York Central Railroad
New York Supreme Court
APPEAL, by the defendant, from a judgment entered upon the verdict of a jury. The action was brought to- recover damages alleged to have been sustained by the plaintiff, by a train of cars being thrown from the defendant’s road on the 14th of April, 1863, between Schenectady and Albany. The action was tried at the Oneida county circuit, in February, 1864, held by Justice Foster. A verdict was rendered in favor of the plaintiff for $5,000 damages.
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APPEAL, by the defendant, from a judgment entered upon the verdict of a jury. The action was brought to- recover damages alleged to have been sustained by the plaintiff, by a train of cars being thrown from the defendant’s road on the 14th of April, 1863, between Schenectady and Albany. The action was tried at the Oneida county circuit, in February, 1864, held by Justice Foster. A verdict was rendered in favor of the plaintiff for $5,000 damages. Exceptions were taken by the defendant’s counsel to the admission of evidence, and in reference to the charge of the court. A new trial was sought,…
1Opinion of the Court
By the Court, Mullin, J.
notwithstanding the great number of causes which have been before the court in which the plaintiffs charged railroad companies, and other carriers with negligence, whereby damages were sustained by such plaintiffs, but little progress has been made in settling principles of law, or rules of evidence, applicable to such cases. The reason probably is, that the carrying interest of the country has become so important, and the amount for which any single accident may render them liable is generally so large, that policy as well as economy demand that every principle…
2Cases cited1 opinion
- Heritage v. HallNew York Supreme Court · 1861
3Cited by12 opinions
- Swartout v. WillinghamNew York Supreme Court · 1893
- Sherman v. Village of OneontaNew York Supreme Court · 1892
- Hospital Supply Co. v. O'NeillNew York Court of Common Pleas · 1895
- Duffus v. SchwingerNew York Supreme Court · 1895
- Langlois v. HaywardNew York Supreme Court · 1891
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