Robertson v. New York & Erie Rail Road
New York Supreme Court
THIS action was tried at a circuit court held by Mr. Justice Gray, in Broome county, in October, 1855. The plaintiff was nonsuited. He now moved for a new trial upon a case and exceptions. The facts sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court, Balcom, J.
The plaintiff was badly injured, by reason of the negligence or want of skill of the defendants, while riding upon an engine on the defendants’ rail road, between the Susquehanna and Port Jervis stations, in January, 1855. The engine, at the time of the accident, ay as drawing the night express passenger train going east. The accident occurred at about four o’clock in the morning, by the engine running against some rocks that had fallen or slid from a ledge upon the track of the road. The plaintiff paid no fare, and the conductor of the train did not know he Avas upon…
2Cited by30 opinions
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Hutchins, Tiana v. DCCourt of Appeals for the D.C. Circuit · 1999
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Springer v. ByramIndiana Supreme Court · 1894
- Downey v. C. & O. Railway Co.West Virginia Supreme Court · 1886
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