Mallory v. Tioga Rail Road
New York Supreme Court
THE defendant is a rail road corporation operating a rail road from Blossburgh, in Pennsylvania, to Corning, Hew York, a distance of forty miles.
Read the full summary
THE defendant is a rail road corporation operating a rail road from Blossburgh, in Pennsylvania, to Corning, Hew York, a distance of forty miles. The plaintiff was a miner of coal at Blossburgh, which he was in the habit of transporting over the defendant’s road, sometimes on the cars of the defendant, but generally on those furnished by him, in which case he also furnished brakemen, to go on the train, under the control of the defendant’s conductor, and the cars were loaded and unloaded by the plaintiff. When the plaintiff furnished his own cars, the defendant charged him, for freight, one…
1Opinion of the Court
By the Court,
James C. Smith, J.
I have come to the conclusion that the defendants, in receiving from the plaintiff his cars loaded with coal, and undertaking to transport them over their rail road from Blossburgh to Corning, assumed the liabilities of common carriers.
That they were carriers, generally, cannot be questioned. Their constant employment being the transportation of property and passengers upon their rail road, for hire. It is claimed, however, by the defendants, that their undertaking with the plaintiff was special, and not within the scope of their general business, and that the…
2Cases cited1 opinion
- Hollister v. NowlenNew York Supreme Court · 1838
3Cited by8 opinions
- Lewis v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1914
- Peoria & Pekin Union Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1884
- Peoria & Pekin Union Railway Co v. United States Rolling Stock Co.Illinois Supreme Court · 1891
- Fordyce v. McFlynnSupreme Court of Arkansas · 1892
- Vaughan Machine Co. v. Stanton Tanning Co.Supreme Court of Virginia · 1907
3 more not listed; retrieve them via the Exa API.