Isaacs v. . Third Avenue R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon a verdict in favor of plaintiff and affirming order denying motion for a new trial. This action is brought to recover damages sustained by plaintiff while a passenger on one of defendant’s cars, on the night of November 24th, 1865. The facts as to the injury are fully stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered upon a verdict in favor of plaintiff and affirming order denying motion for a new trial. This action is brought to recover damages sustained by plaintiff while a passenger on one of defendant’s cars, on the night of November 24th, 1865. The facts as to the injury are fully stated in the opinion. At the close of plaintiff’s evidence defendant’s counsel moved for a nonsuit, upon the ground that defendant was not liable for the willful trespass of the conductor, or for Ms…
1Opinion of the CourtAllen, J.
The defendant cannot be charged for the willful act of its conductors under the provisions of the Revised Statutes making a part of the act entitled “ of the law of the road and the regulation of public stages.” (1 R. S., 695.) That act, first enacted in 1824 and made a part of the revision, makes the owner of every carriage running or traveling upon any turnpike road or public highway for the conveyance of passengers, liable to the party injured, in all cases, for all injuries and damages done by any person in the employment of such owner as a driver, while driving such carriage, to any…
2Cases cited5 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Mali v. . LordNew York Court of Appeals · 1868
- Thames Steamboat Co. v. Housatonic RailroadSupreme Court of Connecticut · 1855
- Fraser v. . FreemanNew York Court of Appeals · 1871
3Cited by43 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Williams v. Pullman Palace Car Co.Supreme Court of Louisiana · 1888
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- The MinnetonkaCourt of Appeals for the Second Circuit · 1906
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
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