Corcoran v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James E. Corcoran, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Dutchess on the 31st day of January, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Dutchess County Trial Term.
1Opinion of the Court
Jenks, J.:
We held on the first appeal (46 App. Div. 201) that the fault of the defendant, if any, was failure to promulgate proper rules for the management and conduct of the movement of its cars and to direct that proper warnings be given. We held on the second appeal (58 App. Div. 606) that the court erred in its refusal to charge that the jury were not authorized to find a rule necessary or proper for the management in question unless there was proof of such- a rule in force' on some other roads, or that it was practicable and reasonable to provide against such an accident by a rule, or…
2Cases cited5 opinions
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
- Potter v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1892
- Corcoran v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Corcoran v. New Haven and Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Willis v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1941
- Kasosak v. Central Railroad of New JerseyAppellate Division of the Supreme Court of the State of New York · 1906