Lyons v. . Erie Railway Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages for injuries received by the plaintiff, a passenger upon defendant’s road, in April, 1868, at what is called the Carr’s Rock disaster. The plaintiff recovered $20,000. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages for injuries received by the plaintiff, a passenger upon defendant’s road, in April, 1868, at what is called the Carr’s Rock disaster. The plaintiff recovered $20,000. The facts appear sufficiently in the opinion. The court properly allowed plaintiff to state what advice was given him by one of his physicians as to exercise. (McAleer v. McMurray, 58 Penn., 126.)
1Opinion of the Court
Earl, C.
The place where the plaintiff was injured is in the State of Pennsylvania, and the defendant claims, therefore, the benefit of the statute of that State, which limits the recovery in such cases to $3,000. This claim is disposed of by the decision of the Court of Appeals in Dyke v. Erie Railway Co. (45 N. Y., 113), a ease growing out of the same disaster, in which it was held that the Pennsylvania statute did not limit the amount of the damages which could be recovered.
The plaintiff’s injuries were very severe, in several respects disabling him. There was some evidence that the…
2Cases cited1 opinion
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
3Cited by37 opinions
- Milks v. McIverNew York Court of Appeals · 1934
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
- Purchase v. SeelyeMassachusetts Supreme Judicial Court · 1918
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