Metz v. Buffalo, Corry & Pittsburgh Railroad
New York Court of Appeals
Appeal from, order of the General Term of the Supreme ■Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered on a verdict and granting a new trial. This was an action to recover damages for the negligent killing of the plaintiff’s intestate, Charles F. Metz, while he was a passenger on the Buffalo, Corry and Pittsburgh railroad, built and formerly operated by defendant, at or near Prospect station, on the 21th day of December, 1872..
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Appeal from, order of the General Term of the Supreme ■Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered on a verdict and granting a new trial. This was an action to recover damages for the negligent killing of the plaintiff’s intestate, Charles F. Metz, while he was a passenger on the Buffalo, Corry and Pittsburgh railroad, built and formerly operated by defendant, at or near Prospect station, on the 21th day of December, 1872.. The defendant admitted that the death of deceased occurred in consequence of the gross negligence of thosé operating the…
1Opinion of the CourtGrover, J.
The question in this case is whether the defendant was liable for. the injury sought to be redressed in the action. It was not so unless the positions of the plaintiff’s counsel can be sustained. These are that Barney, while operating the road, after his appointment as special receiver by the court, in the bankruptcy proceedings against the defendant, and while operating the same as assignee in bankruptcy, was acting as the agent and servant of the defendant. If he was so acting, it follows that the defendant was responsible to passengers for injuries received through his negligence and the…
2Cases cited1 opinion
- Rogers v. . WheelerNew York Court of Appeals · 1871
3Cited by18 opinions
- Gaboury v. Central Vermont Railway Co.New York Court of Appeals · 1929
- Kain v. . SmithNew York Court of Appeals · 1880
- Powell v. Dayton, Sheridan & Grand Ronde R. R.Oregon Supreme Court · 1888
- Chapman Valve Manufacturing Co. v. Oconto Water Co.Wisconsin Supreme Court · 1895
- Chicago & Western Indiana Railroad v. FlynnIllinois Supreme Court · 1895
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