Kain v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court, in the third judicial department, affirming a judgment in favor of defendant Smith, entered upon a non-suit granted at the circuit.
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Appeal from judgment of the General Term of the-Supreme Court, in the third judicial department, affirming a judgment in favor of defendant Smith, entered upon a non-suit granted at the circuit. (Reported below, 11 Hun, 552.) This action was brought to recover damages for injuries alleged to have been caused -by defendant’s negligence. • The complaint in substance alleged that John Gregory Smith, Benjamin P. Chaney and Joseph Clarke, were managing and operating the Ogdensburg and Lake Champlain Railroad, as carriers of passengers and freight, and as such, had in use, depot and station…
1Opinion of the CourtDanfobth, J.
In view of the facts stated in the complaint, the concession upon the trial, “ that such a case existed in favor of the plaintiff, as would entitle him to submit it to the jury, if the liability of the defendant Smith to the plaintiff, was the same as if Smith were the sole proprietor •and operator of the railroad,” and the ruling of the triav judge thereon, it. would seem that the only question presented at the circuit, related to the liability of one out of two or more operators of a railroad for injury to ail employee, by reason of defective machinery furnished by them for use, in the…
2Cases cited13 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- Creed v. . HartmannNew York Court of Appeals · 1864
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Cardot v. . BarneyNew York Court of Appeals · 1875
- Lamphear v. BuckinghamSupreme Court of Connecticut · 1866
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3Cited by30 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- Texas Pacific Railway Co. v. JohnsonTexas Supreme Court · 1890
- Morton Salt Co. v. WellsTexas Supreme Court · 1934
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
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