Legal Opinion

Mars v. President of Delaware

New York Supreme Court

Decided December 11, 1889PublishedCited by 17 opinions

Appeal from circuit court, Albany county. Action by Louise F. Mars against the president, managers, and company of the Delaware & Hudson Canal Company. Verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtPutnam, J.

Plaintiff, while lawfully on a regular passenger train of defendant, on May 20, 1884, was injured by its collision with a “ wild-cat” engine. The “wild-cat” engine was left that evening about 7 o’clock, standing upon a side track two tracks east of the down main track, upon which the collision occurred, with its fire banked, in charge of an employe, (one McFarland,) whose duty it was to keep water in the boiler and take general *108charge of it overnight. About 1 A. m. McFarland left the engine standing upon said side track, and went north several hundred feet to a switch shanty. While there the…

2Cases cited10 opinions

  1. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  2. Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
  3. Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  4. Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
  5. Binford v. JohnstonIndiana Supreme Court · 1882

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
  2. Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
  3. Baltimore & Ohio Railroad v. PlewsCourt of Appeals of Maryland · 1971
  4. Morgan v. City of TuscaloosaSupreme Court of Alabama · 1959
  5. Baddeley v. SheaCalifornia Supreme Court · 1896

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API