Canadian Pac. Ry. Co. v. Clark
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the District of Vermont. This was an action by Samuel O. Clark against the Canadian Pacific Railway Company for injuries to his person, and to his horse and sleigh. There was a verdict for plaintiff, and a motion for a new trial was denied. 69 Fed. 543. Defendant brought the case on error to this court, which affirmed the judgment; Wallace, Circuit Judge, delivering the principal opinion. See 73 Fed. 76.
1ConcurrenceLacombe, Circuit Judge
I entirely concur in this opinion. The system which makes the absence of contributory negligence a part of plaintiff’s case, and does not require the defendant to answer the negligence imputed to him unless it appears prima facie, at least, that the plaintiff was himself in the exercise of proper care, may be the more scientific one. It is the well-settled law in New York (Cahill v. Hilton, 106 N. Y. 512, 13 N. E. 339); and it was the rule in that state when the cases of Button v. Railroad Co., 18 N. Y. 248; Johnson v. Railroad Co., 20 N. Y. 65, and Wilds v. Railroad Co., 24 N. Y. 430, were…
2Cases cited11 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
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- Winn v. Consolidated Coach CorporationCourt of Appeals for the Sixth Circuit · 1933
- Long Island R. v. DarnellCourt of Appeals for the Second Circuit · 1915
- Bowker v. DonnellDistrict Court, S.D. New York · 1915
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