Robinson v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought to recover damages for injuries resulting from a collision at a railroad crossing between a buggy, in which plaintiff was riding, and a train on defendant’s road, alleged to have been caused by the negligence of defendant’s employes.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought to recover damages for injuries resulting from a collision at a railroad crossing between a buggy, in which plaintiff was riding, and a train on defendant’s road, alleged to have been caused by the negligence of defendant’s employes. Plaintiff was riding at the invitation of one Conlon in a buggy belonging to him, he being the driver. Conlon was an able-bodied…
1Opinion of the Court
Church, Ch. J.
' The court charged the jury that if the defendant was negligent, and the plaintiff was free from negligence herself, she was entitled to recover although the driver might be guilty of negligence which contributed to the injury.
In determining this question it is important to first ascertain the relation which existed between the plaintiff and Conlon, the driver. It is very clear, and was found by the jury, that the relation of master and servant did not exist. Bor was Conlon, in any sense, the agent of the plaintiff. He had invited the plaintiff to ride to a certain place, which…
2Cases cited2 opinions
- Webster v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Brown v. New York Central RailroadNew York Court of Appeals · 1865
3Cited by14 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Pittsburgh, Cincinnati & St. Louis Railroad v. SpencerIndiana Supreme Court · 1884
- Pienta v. Chicago City Railway Co.Illinois Supreme Court · 1918
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
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