Weyant v. New York & Harlem Railroad
The Superior Court of New York City
This action was tried before Mr. Justice Duer and a.jury, on the 14th of Hovember 1853. The pleadings and evidence established the following facts. ' The defendants, The Hew York and Harlem Railroad Company, were proprietors of a railroad running through certain streets in the city of New York, The cars of the New York and New Haven Eailroad also regularly passed over the defendants’ track for a considerable distance in the city, and in Canal street there was a short line of…
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This action was tried before Mr. Justice Duer and a.jury, on the 14th of Hovember 1853. The pleadings and evidence established the following facts. ' The defendants, The Hew York and Harlem Railroad Company, were proprietors of a railroad running through certain streets in the city of New York, The cars of the New York and New Haven Eailroad also regularly passed over the defendants’ track for a considerable distance in the city, and in Canal street there was a short line of track, leading from the track used by the defendants and the New Haven Eailroad Company in common, to the depot of the…
1Opinion of the CourtBy the Court. Campbell, J.
In this case the facts are briefly these. Weyant was thrown out of his wagon and injured in Canal street, by a car which belonged to the Hew Haven Railroad Company, but the horses which drew it, and the driver who was driving it, were in the employ of the defendants, the Harlem Railroad Company.
The sole question which arose was, whether the Harlem Railroad Company, or the Hew Haven Railroad Company, were liable.
This exact question has not, I believe, arisen before in this country. It has arisen, however, in several cases in England; and among these, I refer especially to the…
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