Hegeman v. . the Western Railroad Corporation
New York Court of Appeals
The action was brought to recover damages for injuries to the person of the plaintiff, alleged to have been caused by the negligence of the defendant. The cause was tried at the Rensselaer county circuit, held by justice Wm.
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The action was brought to recover damages for injuries to the person of the plaintiff, alleged to have been caused by the negligence of the defendant. The cause was tried at the Rensselaer county circuit, held by justice Wm. F. Aliens in October, 1852. The plaintiff proved that the defendant was the proprietor of a railroad extending from Greenbush to Boston; that in September, 1850, the plaintiff* was a passenger on the railroad, having taken the train at Greenbush for Boston; and when near Hinsdale, Massachusetts, an axle of the car in which he was riding broke, and three of the passengers…
1Opinion of the CourtGardiner, C. J.
It has been said that every wayfarer must take the risks incident to the mode of travel he adopts ;• but these risks are only, those which cannot be avoided by the carrier of passengers by the utmost degree of care and skill in the preparation and management of the means of conveyance. (Angel on Com. Carr., § 523.) . The carrier,, in the language of,other judges, is bound to use all precautions, as far as human care and foresight will go, for the safety of his passengers. (2 Kent, 602, 7th ed., and cases cited.) In the application of these principles, it is obvious that the . same…
2Cases cited2 opinions
- Alden v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- McPadden v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
3Cited by46 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- The" City of Panama"Supreme Court of the United States · 1880
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
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