Murray v. Hudson River Railroad
New York Supreme Court
THIS is an appeal, by the defendant, from a judgment in favor of the plaintiff, on a verdict for $8000. The action was brought to recover damages for injuries alleged to have been received hy the plaintiff, hy the negligence of the defendant, and came on for trial at the Albany circuit, in February, 1866, before Mr. Justice Miller and a jury, and on the trial the following case was made: The defendant is the owner of a ferry at Albany, which was used in connection with its…
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THIS is an appeal, by the defendant, from a judgment in favor of the plaintiff, on a verdict for $8000. The action was brought to recover damages for injuries alleged to have been received hy the plaintiff, hy the negligence of the defendant, and came on for trial at the Albany circuit, in February, 1866, before Mr. Justice Miller and a jury, and on the trial the following case was made: The defendant is the owner of a ferry at Albany, which was used in connection with its railroad in the transportation of passengers and freight across the Hudson river. On the 22d of August, 1865, the…
1Opinion of the Court
By the Court, Hogeboom, J.
Three questions are made in this case, on which the reversal of the judgment is sought.
1. That the plaintiff had no business at the defendant’s depot, at East Albany, and hence no right to cross at the defendant’s ferry; and that his statement of having such business was a false pretense.
I think there was enough to go to the jury, on this question, and - therefore enough to justify the refusal of a nonsuit on that ground. .And we must presume, in the absence of evidence to the contrary, that this question was finally sub-' mitted to the jury under proper…
2Cases cited4 opinions
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- M'Connell v. HamptonNew York Supreme Court · 1815
- Clapp v. Hudson River Rail RoadNew York Supreme Court · 1854
- Krom v. SchoonmakerNew York Supreme Court · 1848
3Cited by17 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Belknap v. Boston & Maine RailroadSupreme Court of New Hampshire · 1870
- Herrman v. United States Trust Co.New York Court of Appeals · 1917
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