Smith v. New York Central Rail Road
New York Supreme Court
THIS is a bill of exceptions ordered to be heard in the first instance at the general term. The action was brought to recover damages for alleged negligence on the part of the defendants in causing the death of Joseph Ward, the plaintiff’s intestate, on the 24th day of March, 1855, and was tried before Mr. Justice Emott, at the Albany circuit, in March, 1856, when the plaintiff recovered a verdict for $5000. The alleged negligence consisted in the use of a flattened wheel,…
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THIS is a bill of exceptions ordered to be heard in the first instance at the general term. The action was brought to recover damages for alleged negligence on the part of the defendants in causing the death of Joseph Ward, the plaintiff’s intestate, on the 24th day of March, 1855, and was tried before Mr. Justice Emott, at the Albany circuit, in March, 1856, when the plaintiff recovered a verdict for $5000. The alleged negligence consisted in the use of a flattened wheel, which caused the car to bound and jolt, and finally threw it off the track, when the plaintiff’s intestate, following the…
1Opinion of the Court
By the Court, Hogeboom, J.
By the principles of the common law the responsibility of common carriers was very severe. They were liable for all losses, except those occurring by the act of G-od, or the enemies of the country. Possessing in some respects a public character or employment, they were held incapable, so long as they acted in that capacity, of divesting themselves of their common law responsibilities. After a time the rule was to some extent relaxed, and they were allowed by public notice brought home to their customers, to lessen, in some respects, the degree of their…
2Cases cited5 opinions
- Caldwell v. MurphyThe Superior Court of New York City · 1852
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Hegeman v. Western RailroadNew York Supreme Court · 1853
- Moore v. EvansNew York Supreme Court · 1852
- Welles v. New York Central RailroadNew York Supreme Court · 1858
3Cited by8 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
- Brewer v. New York, Lake Erie & Western R. Co.New York Court of Appeals · 1891
- Pennsylvania Railroad v. HendersonSupreme Court of Pennsylvania · 1866
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
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