Walsh v. Fitchburg Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the 'Supreme Court in the third judicial department, entered upon •an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries .received by plaintiff while upon the premises of defendant, a railroad corporation, through the alleged negligence of the latter.
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Appeal from judgment of the General Term of the 'Supreme Court in the third judicial department, entered upon •an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries .received by plaintiff while upon the premises of defendant, a railroad corporation, through the alleged negligence of the latter. The facts, so far as material, are stated in the opinion. Plaintiff should have been non-suited. (McAlpin v. Powell, 70 N. Y. 126; Lamore v.…
1Opinion of the CourtPeckham, J.
The defendant owned a plot of ground in the northern portion of the city of Troy, bounded by four different streets. Quite a large portion of its land was unfenced and the public had for a number of years been accustomed to walk across this plot for the purpose of shortening the distance, instead of going around by the public streets. The land was approached from the north on the same grade as the public street and the defendant laid its tracks through the street and on to the plot for the purpose of using it in the ordinary transaction of its business. It was not used for the purpose of a…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Barrett v. Southern Pacific Co.California Supreme Court · 1891
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
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