Hegeman v. Western Railroad
New York Supreme Court
This action was brought to recover damages for a personal injury received by the plaintiff while a passenger upon the defendants’ railroad. It was tried at the Rensselaer circuit, in October, 1852, before the Hon. W. F. Allen, one of the justices of this court.
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This action was brought to recover damages for a personal injury received by the plaintiff while a passenger upon the defendants’ railroad. It was tried at the Rensselaer circuit, in October, 1852, before the Hon. W. F. Allen, one of the justices of this court. Upon the trial it appeared that the plaintiff, who was a silversmith and watchmaker residing in Troy, on the 9th day of September, 1850, having paid the usual fare, took passage in the defendants’ ears at Greenbush for the purpose of going to Boston. When near Hinsdale in the state of Massachusetts, the car in which the plaintiff was…
1Opinion of the Court
By the Court, Harris, J.
The defendants were carriers of passengers, and as such, were bound to conduct their business *356with, all the care which human prudence and skill could suggest. Any thing short of this would make them liable for the consequences. Having the exclusive management and control of their cars and road, it was presumable that no accident would occur without some neglect or want of skill or foresight. An accident having occurred, and the plaintiff having been injured by means of such accident, a prima facie case of negligence was made out, which, unless it should be overcome' by…
2Cited by20 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Clapp v. Hudson River Rail RoadNew York Supreme Court · 1854
- Dibbert v. Metropolitan Investment Co.Wisconsin Supreme Court · 1914
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