Buffett v. . the Troy and Boston R.R. Co.
New York Court of Appeals
This action was brought to recover damages for injuries .sustained by the plaintiff, by the overturning of a stage sleigh employed by the defendant, for the purpose of conveying passengers to and fro between the village of Schaghtiuoke Point, and the Schaghticoke Station, on defendant’s railroad, distant about a mile from the village.
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This action was brought to recover damages for injuries .sustained by the plaintiff, by the overturning of a stage sleigh employed by the defendant, for the purpose of conveying passengers to and fro between the village of Schaghtiuoke Point, and the Schaghticoke Station, on defendant’s railroad, distant about a mile from the village. The defendant was an incorporated company, authorized to construct, and operate a railroad from the city of Troy, to the State line of Vermont, at or near Pownal. Such raifroad passes about a mile from the village of Schaghticoke Point, at what is called…
1Opinion of the Court
Hunt, Ch. J.
The objections, in their .various forms, ' resolve themselves into two inquiries: 1st. Was there evidence, sufficient to be submitted to the jury, that the plaintiff had •become a passenger with the defendants, under an agreement, express -or implied, for his transportation ? -2d. Could the defendants lawfully enter .into such an agreement, under -the circumstances .stated;?
On the first question, the facts are as follows: That the defendants rnn this stage sleigh to carry passengers, between the station at Schaghticoke and the village of the same name, about one mile distant; that…
2Cases cited2 opinions
- Quimby v. . VanderbiltNew York Court of Appeals · 1858
- Cary v. Cleveland & Toledo Rail RoadNew York Supreme Court · 1859
3Cited by15 opinions
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875
- Exton v. Central RailroadSupreme Court of New Jersey · 1898
- Talcott v. . Wabash R.R. Co.New York Court of Appeals · 1899
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