Walker v. Erie Railway Co.
New York Supreme Court
THIS action was brought to recover damages for injuries sustained by the plaintiff as a passenger on the defendant’s railway, on the 8th of March, 1869. At the time of the injury the plaintiff was in the smoking car, the first passenger car in the train, and the train was moving at the rate of about thirty miles an hour, on its way between Port Jervis and the city of Hew York, proceeding to the place last named.
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THIS action was brought to recover damages for injuries sustained by the plaintiff as a passenger on the defendant’s railway, on the 8th of March, 1869. At the time of the injury the plaintiff was in the smoking car, the first passenger car in the train, and the train was moving at the rate of about thirty miles an hour, on its way between Port Jervis and the city of Hew York, proceeding to the place last named. As this train passed a curve, a construction train in the employment of the defendant was discovered by the engineer moving in the opposite direction. And upon that train a railroad…
1Opinion of the Court
By the Court, Daniels, J.
The injuries received by the plaintiff, as well as their actual and probable consequences, were described by him in the testimony he gave as a wit-' ness upon the trial, and by the physicians who attended and treated him for them. From his own evidence, which, in the absence .of anything in the case contradicting it, the jury certainly had the right to believe, it appeared that he had previously been in a state of complete health. That he was so far injured as to lose his consciousness for the time, and when he recovered it, found the blood streaming from his mouth-…
2Cases cited7 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Cassin v. . DelanyNew York Court of Appeals · 1868
- Fountain v. . PetteeNew York Court of Appeals · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1876
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
- James v. Oakland Traction Co.California Court of Appeal · 1909
- Howard Oil Co. v. DavisTexas Supreme Court · 1890
23 more not listed; retrieve them via the Exa API.