Poulsen v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Poulsen, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4th day of December, 1896, upon the dismissal of his complaint upon the merits, by direction of-the court, after a trial before the court a,nd a jnry- The action was brought to recover damages for the loss of the services of the plaintiff’s infant child who was injured by-the alleged negligence…
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Appeal by the plaintiff, Henry Poulsen, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4th day of December, 1896, upon the dismissal of his complaint upon the merits, by direction of-the court, after a trial before the court a,nd a jnry- The action was brought to recover damages for the loss of the services of the plaintiff’s infant child who was injured by-the alleged negligence of the defendant-, and also the expense incurred and to •be incurred in curing and attempting to cure said child.
1Opinion of the Court
Hatch, J.:
We are of the opinion that the ease made by the plaintiff was sufficient to call upon the defendant for an explanation of the cause of the fire.. The obligation resting upon the defendant was to exercise the utmost care and diligence suggested by human prudence and foresight to insure the safety of the passengers it had received .for carriage. (Palmer v. D. & H. C. Co., 120 N. Y. 170.) If we assume that the cause of the fire was the burning out of the electric fuse connected with the motor, and that it was placed upon the car ■ as an appliance for its safe operation, the case would…
2Cases cited2 opinions
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Gilmore v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- Louisville & Southern Indiana Traction Co. v. WorrellIndiana Court of Appeals · 1908
- Guldseth v. CarlinAppellate Division of the Supreme Court of the State of New York · 1897
- Piehl v. Albany RailwayAppellate Division of the Supreme Court of the State of New York · 1898
- D'Arcy v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- D'Arcy v. Westchester Electric Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903
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