Ackerson v. Erie Railway Co.
Supreme Court of New Jersey
The plaintiff brought suit against the defendants for an injury sustained on their railroad. The declaration sets out in substance, that the defendants were owners and proprietors of the Erie Railway, and certain cars for the carriage and conveyance of passengers thereon from Dunkirk, in the state of New York, to Port Jervis, in the same state, for hire and reward to the said defendants in that behalf, to wit, Paterson, in the county of Passaic and state of New Jersey; that…
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The plaintiff brought suit against the defendants for an injury sustained on their railroad. The declaration sets out in substance, that the defendants were owners and proprietors of the Erie Railway, and certain cars for the carriage and conveyance of passengers thereon from Dunkirk, in the state of New York, to Port Jervis, in the same state, for hire and reward to the said defendants in that behalf, to wit, Paterson, in the county of Passaic and state of New Jersey; that the defendants, on the 8th day of November, 1864, to wit, at Paterson aforesaid, at the special instance and request of…
1Opinion of the Court
Beasley, Chief Justice.
This suit is in tort for an injury happening to the plaintiff from the carelessness of the defendants, while a passenger in their railroad cars. The declaration is in the usual form, and it has been answered by a demurrer. The point of this issue upon which a decision is. sought is, whether the plaintiff, as he shows in his declaration, that the injuries' received by him occurred in New York on the railroad of the defendants there situate, can sue on such cause of action in this state ?
As long ago as 1665, it was certified by the twelve judges, that for torts to the…
2Cases cited4 opinions
- Gardner v. ThomasNew York Supreme Court · 1817
- Barrell v. BenjaminMassachusetts Supreme Judicial Court · 1819
- Glen v. HodgesNew York Supreme Court · 1812
- Flower v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by2 opinions
- Minichiello Realty Associates, Inc. v. BrittDistrict Court, D. New Jersey · 1978
- Ins. Co. of N. Am. v. ALLIED CRUDE VEG. OIL, ETC.New Jersey Superior Court Appellate Division · 1965