Legal Opinion

Meagher v. Cooperstown & Charlotte Valley Railroad

New York Supreme Court

Decided February 15, 1894Published

Appeal from circuit court, Otsego county. Action by Edward Meagher against the Cooperstown & Charlotte Valley Railroad Company to recover damages for injuries to plaintiff’s infant child. From the judgment dismissing the complaint with costs, and from an order denying a motion for a new trial, made on the minutes of the court, plaintiff appeals. Reversed.

1Opinion of the CourtMartin, J.

This action was to recover damages which the plaintiff sustained by reason of an injury to his infant child. The basis of the action was the alleged negligence of the defendant. 'The plaintiff, with his wife and daughter, who at the time of the •accident was about 19 months of age, resided in a house in front ■of which there was a public highway, and in the rear was the defendant’s railroad. There was a private or farm crossing over the •defendant’s road, used for the purpose of passing from the premises •occupied by the plaintiff to the other portions of the farm, of which ■the premises…

2Cases cited31 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Railroad Co. v. GladmonSupreme Court of the United States · 1873
  3. Cosgrove v. . OgdenNew York Court of Appeals · 1872
  4. Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
  5. Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872

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