Buffit v. Troy & Boston Rail Road
New York Supreme Court
APPEAL from a judgment at the circuit. The 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 Schaghticoke Point and the Schaghticoke station on the defendant’s rail road, distant about a mile from said village, and was brought to trial before Justice Hogeboom and a jury, at the Rensselaer circuit, on the fourth…
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APPEAL from a judgment at the circuit. The 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 Schaghticoke Point and the Schaghticoke station on the defendant’s rail road, distant about a mile from said village, and was brought to trial before Justice Hogeboom and a jury, at the Rensselaer circuit, on the fourth Monday of May, 1860. The following is a brief statement of the material facts in the case: The defendant is an…
1Opinion of the CourtHogebooh, J.
Two questions are made in this case:
1. Was the plaintiff a passenger with the defendant.
2. Was the contract for carrying by stage a lawful one.
I. As to the first question, the proof was sufficient to go to the jury, and it was submitted to them with instructions that the plaintiff held the affirmative.
1. The stage was run in connection with the rail road, and so far as appears, for no other purpose.-
2. It was not customary to pay the fare until reaching the depot. The omission to tender it was not therefore any evidence that the plaintiff was not a passenger.
3. The presumption is, that the…
2Cases cited6 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Parish v. . WheelerNew York Court of Appeals · 1860
- Holmes v. WilliamsNew York Court of Chancery · 1843
- Truscott v. DavisNew York Supreme Court · 1848
- Cary v. Cleveland & Toledo Rail RoadNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chicago Building Society v. CrowellIllinois Supreme Court · 1872
- Marine Bank of N.Y. v. . ClementsNew York Court of Appeals · 1865