Collins v. Albany & Schenectady Railroad
New York Supreme Court
This Was an action to recover damages for the injury sustained by the plaintiff, in consequence of a collision upon the defendants’ road. It was tried at the Albany circuit, in March, 1850, before Mr. Justice Parker. It appeared upon the trial, that on the morning of the 3d of November, 1848, two trains of passenger cars left Albany for Schenectady. The second train left a short time after the first. There Avere two passenger cars in each train.
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This Was an action to recover damages for the injury sustained by the plaintiff, in consequence of a collision upon the defendants’ road. It was tried at the Albany circuit, in March, 1850, before Mr. Justice Parker. It appeared upon the trial, that on the morning of the 3d of November, 1848, two trains of passenger cars left Albany for Schenectady. The second train left a short time after the first. There Avere two passenger cars in each train. The plaintiff was in the forward passenger car of the first train. After this train had proceeded about ten miles, it stopped. An eccentric strap had…
1Opinion of the Court
*494By the Court,
Harris, J.
The charge of the judge, upon the trial, is not even stated in the case. It is, therefore, to be inferred, that the law, applicable to the case, .was properly stated to the jury, and that they were instructed that, to entitle the plaintiff to recover, they must be satisfied from the evidence, not only that the defendants’ agents were guilty of negligence, but also that the plaintiff himself was free from fault. No rule of law is more firmly settled than this. Perhaps no rule has been more uniformly presented by judges at the circuit, for the guidance of the jury in…
2Cases cited4 opinions
- Blunt v. LittleU.S. Circuit Court for the District of Massachusetts · 1822
- Coleman v. SouthwickNew York Supreme Court · 1812
- M'Connell v. HamptonNew York Supreme Court · 1815
- Southwick v. StevensNew York Supreme Court · 1813
3Cited by31 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Houston & Great Northern Railroad v. RandallTexas Supreme Court · 1878
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
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