Stinson v. New York Central Railroad
New York Court of Appeals
This action was brought to recover damages for negligently causing the death of plaintiff’s intestate, Poplin Stinson. It was tried at the Niagara Circuit in June, 1861, before Mr. Justice Gboveb and a jury, and the plaintiff had a verdict for $2,500. On appeal to the Supreme Court the judgment was affirmed.
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This action was brought to recover damages for negligently causing the death of plaintiff’s intestate, Poplin Stinson. It was tried at the Niagara Circuit in June, 1861, before Mr. Justice Gboveb and a jury, and the plaintiff had a verdict for $2,500. On appeal to the Supreme Court the judgment was affirmed. On the trial it was proved, on the part of the plaintiff", that deceased and his son-in-law, Simon James, were returning from New York to Suspension Bridge with six horses, two of which belonged to deceased, and the residue to James; two buggies, one belonging to each, and several other…
1Opinion of the CourtDavis, J.
The motion for nonsuit on the ground that deceased came to his death by his own negligence, was properly denied. He was lawfully engaged in loading the car. The contract required him to do this, the defendant furnishing laborers to assist. The engine and train that caused his death were not in sight from the car or freight house where he was at work. The train was not to leave for some horns, and there was nothing to indicate that extraordinary vigilance was demanded at his hands; nor was there any evidence to show any want of ordinary care in the manner in which he performed his work. So far…
2Cited by3 opinions
- Fleming v. LockwoodMontana Supreme Court · 1907
- Blair v. . Erie Railway CompanyNew York Court of Appeals · 1876
- Toledo, St. Louis & Kansas City Railroad v. HauckIndiana Court of Appeals · 1893