Morse v. Auburn & Syracuse Railroad
New York Supreme Court
This was an action on the case for negligence, tried at the Cayuga circuit in February, 1850, before Welles, justice. The plaintiff was a passenger on the defendants’ cars, going from Syracuse westward, on the 19th of September, 1848. Shortly after the passenger train left Syracuse on that day, an agent of the Michigan Central Railroad Company started two locomotive engines, to run over the road behind the passenger train, on their way west to Michigan.
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This was an action on the case for negligence, tried at the Cayuga circuit in February, 1850, before Welles, justice. The plaintiff was a passenger on the defendants’ cars, going from Syracuse westward, on the 19th of September, 1848. Shortly after the passenger train left Syracuse on that day, an agent of the Michigan Central Railroad Company started two locomotive engines, to run over the road behind the passenger train, on their way west to Michigan. An agent of the defendants went upon the engines over the road, and they were frequently in sight of the passenger train; and near it all the…
1Opinion of the Court
By the Court, Johnson, J.
The defendants excepted to that part of the charge to the jury, in which they were instructed,, that in cases of this kind it was competent for them to go beyond the actual pecuniary damages sustained, and take into consideration, not only the loss of time and pecuniary expenses, but the bodily pain and suffering also, which the plaintiff had undergone, and compensate him in damages therefor. I confess I am yet to learn that this is contrary to law. I am confident the rule has been generally understood, and uniformly administered by our courts, as laid down by the…
2Cases cited1 opinion
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
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