Champion v. Bostwick
New York Supreme Court
[176] Error from the supreme court. Bostwick and wife brought an action on the case against Champion and others, for an injury sustained by the wife in being thrown from a wagon in which she was riding, in consequence of a stage coach coming in collision With the wagon through the negligence of the driver of the coach. The plaintiffs recovered a verdict, and the defendants moved for a new trial, which was refused by the court, and judgment rendered for the plaintiffs.
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[176] Error from the supreme court. Bostwick and wife brought an action on the case against Champion and others, for an injury sustained by the wife in being thrown from a wagon in which she was riding, in consequence of a stage coach coming in collision With the wagon through the negligence of the driver of the coach. The plaintiffs recovered a verdict, and the defendants moved for a new trial, which was refused by the court, and judgment rendered for the plaintiffs. (See case, argument of counsel and opinion of court, 11 Wendell, 571, et seq ) The defendants sued out a writ of error. The…
1Opinion of the Court
After advisement, the following opinion was delivered:
By the Chancellor.
[181] The plaintiffs below have been permitted to recover for an injury sustained by the wife in being run over by the driver of a coach and horses, forming part of a continuous line of stages between Utica and Rochester. The injury took place on a part of the route between Utica and Vernon; and was done by a coach and horses belonging to Dodge, or which had been hired to him by the year, and by a driver in his immediate employ. And the only questioq for the consideration of this court is, whether the arrangement between…
2Cited by6 opinions
- Anderson v. AlexanderOregon Supreme Court · 1951
- Platt v. MunroeNew York Supreme Court · 1861
- State ex rel. Hopkins v. TindellSupreme Court of Kansas · 1922
- Hubbard v. HubbardSupreme Court of Vermont · 1904
- Anderson v. AlexanderOregon Supreme Court · 1951
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