Warner v. . Erie Railway Co.
New York Court of Appeals
This is an action to recover damages, arising from a personal injury, which resulted in the death of one of the defendant’s employees. The deceased was a baggageman, and, when killed, was in the discharge of his duty, as such, on a train of cars going from Hornellsville, east, on the defendant’s railroad. One of the defendant’s bridges, over the Oonhocton river, fell as the train of cars was passing over it. The jury found that the bridge fell from decay in its timbers.
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This is an action to recover damages, arising from a personal injury, which resulted in the death of one of the defendant’s employees. The deceased was a baggageman, and, when killed, was in the discharge of his duty, as such, on a train of cars going from Hornellsville, east, on the defendant’s railroad. One of the defendant’s bridges, over the Oonhocton river, fell as the train of cars was passing over it. The jury found that the bridge fell from decay in its timbers. The bridge was properly constructed, and was originally of sufficient strength for the purposes for which it was intended.…
1Opinion of the CourtBacon, J.
In approaching the consideration of this case-, which, in the precise aspect it assumes, may be deemed, in tho courts of this State, a pioneer case, it is important to distinguish the principles which are to decide it from those which have been held in cognate cases, and especially to ascertain the precise ground on which the charge and rulings of the judge upon the trial proceded, and by which we are to assume the jury were guided in rendering their verdict.
In .the first place, then, it is to be remarked, that the defendant in this action is not responsible, and is not to be made liable for…
2Cases cited4 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Ryan v. . FowlerNew York Court of Appeals · 1862
- Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
3Cited by51 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Malone v. . HathawayNew York Court of Appeals · 1876
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