Anderson v. Rome, Watertown & Ogdensburgh Railroad
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 the plaintiff entered upon a verdict. This action was brought to recover damages for personal-injuries received by the plaintiff while a passenger on the defendant’s road.
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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 the plaintiff entered upon a verdict. This action was brought to recover damages for personal-injuries received by the plaintiff while a passenger on the defendant’s road. It appeared that, on the morning of January 24th, 1870, a train of cars was passing on defendant’s road, eastwardly, towards Philadelphia, in Jefferson county; that, when the train arrived near Philadelphia station, three cars were thrown from the track, and the rear passenger car, in which…
1Opinion of the Court
Earl, C.
On the trial the defendant called a witness, Hagan, who was foreman of the railroad track, on the division of the road where the accident happened, and he gave ' evidence on his direct examination of the number of men under him, and the condition of the track and ties, and of the precautions that were taken to discover any defects in the track. He testified that the track was in good condition, but gave no evidence in reference to the flaw in the rail, except he testified that he did not discover it before the accident. On his cross-examination he testified that, after the accident,…
2Cases cited1 opinion
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
3Cited by58 opinions
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Hutchins v. . HutchinsNew York Court of Appeals · 1885
- People v. . CoreyNew York Court of Appeals · 1896
- Chicago & N. W. Ry. Co. v. KendallCourt of Appeals for the Eighth Circuit · 1909
- State v. . PageSupreme Court of North Carolina · 1939
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