Bowen v. . New York Central Railroad Company.
New York Court of Appeals
Appeal from the Supreme Court. The action was for damages sustained by the plaintiff in consequence of the negligence of the defendant and its servants in the construction of its railroad and machinery, failure to maintain fences and careless running of a train of cars in which he was a passenger.
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Appeal from the Supreme Court. The action was for damages sustained by the plaintiff in consequence of the negligence of the defendant and its servants in the construction of its railroad and machinery, failure to maintain fences and careless running of a train of cars in which he was a passenger. Upon the trial at the Genesee circuit, before Mr. Justice Bowen, the plaintiff had a verdict and-judgment, which having been affirmed at general term in the eighth district, the defendant appealed to this court. The case is fully stated in the following opinion.
1Opinion of the Court
Johnson, Ch. J.
The case disclosed by the bill of exception is, that the plaintiff, a passenger on the defendants’ railroad, was injured under these circumstances. As the train was passing Bergen station, the engine struck a cow which had strayed upon the track, killing the cow and dragging her body about one hundred feet, where it was left by the side of the track. At that point the rear truck of the rear car, in which the plaintiff was riding, was thrown off the track, and the car, after running on in this condition some ninety rods, became detached from the train and was turned over and…
2Cited by49 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
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