Cormack v. New York & Hartford Railroad
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1908, which affirmed a determination of the Appellate Term affirming a judgment of the City Court of ¡New York in favor of plaintiff entered upon a verdict.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1908, which affirmed a determination of the Appellate Term affirming a judgment of the City Court of ¡New York in favor of plaintiff entered upon a verdict. The action was brought to recover damages for the negligent failure of the defendant promptly to transport the plaintiff as a passenger upon one of its trains from the city of Quincy to the city of Boston in the state of Massachusetts on January 2d, 1904. The complaint alleged that the plaintiff purchased…
1Opinion of the CourtWillard Bartlett, J.
There is no conflict in the evidence as to the condition of things which prevented the train in which the plaintiff was a passenger from getting into the defendant’s station at Boston on the night of the 2nd of January, 1904. The weather was extremely cold — the temperature ranging from six degrees Fahrenheit to zero — and the wind was blowing hard and a heavy snow storm prevailed, of such proportions as to be ordinarily, denominated in America a blizzard. The snow fell to the depth of almost a foot on the level and was blown in the railroad yard into drifts three and five feet high. This…
2Cases cited10 opinions
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- McArthur v. SearsNew York Supreme Court · 1839
- Merritt v. . EarleNew York Court of Appeals · 1864
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Parsons v. HardyNew York Supreme Court · 1835
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hecht v. Boston Wharf Co.Massachusetts Supreme Judicial Court · 1915