Buel v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the Supreme Court. The action was to recover damages for injuries received by the plaintiff, while a passenger on the defendant’s railroad, in October, 1857, by a collision of trains on the route between Rochester and Batavia. The cause was tried at the Genesee Circuit, in Hovember, 1858, before Mr. Justice Davis and a jury.
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Appeal from judgment of the Supreme Court. The action was to recover damages for injuries received by the plaintiff, while a passenger on the defendant’s railroad, in October, 1857, by a collision of trains on the route between Rochester and Batavia. The cause was tried at the Genesee Circuit, in Hovember, 1858, before Mr. Justice Davis and a jury. It appeared from the evidence that on the evening of the 9th of October, 1857, the plaintiff was a passenger on a train of cars of the defendant’s passing west from Rochester through Bergen, between Rochester and Batavia. He occupied a seat in the…
1Opinion of the CourtWright, J.
It is not now claimed, as it was on the motion for a nonsuit, that the evidence failed to show negligence on the part of the defendants. Indeed, a grosser case of careless conduct is seldom presented to a court and jury. The train in which the plaintiff was a passenger had been run on the switch at Bergen, to await a train from the west which was due there. After waiting some fifteen minutes the train was irregularly started, the conductor getting oñ the engine. It was a dark and foggy night. The train had proceeded, some forty rods when the western train was seen approaching at a rate of…
2Cited by49 opinions
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Woolery v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1886
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
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