Luby v. . the Hudson River Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. The action was for alleged negligence in running a railroad car drawn by horses against the plaintiff Mrs. Luby, in one of the streets of New-York city.
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Appeal from the Supreme Court. The action was for alleged negligence in running a railroad car drawn by horses against the plaintiff Mrs. Luby, in one of the streets of New-York city. At the trial the plaintiffs called as a witness one Mason, a policeman, and after proving by him that he was on duty near the spot where the accident occurred, and was called upon by the persons assembled around the injured woman, he was permitted, under exception by the defendant’s counsel, to testify that he arrested the driver bf the car which run against Mrs. Luby. He was also permitted, under like…
1Opinion of the CourtComstock, J.
Mason, the police officer, was allowed to testify, against the objection of the defendant, that he arrested the driver of the car, and that the driver on being arrested assigned as a reason why he did not stop the car that the brakes were out of order. This took place directly after the accident, the citizens having stopped the car and the driver having got outside of the crowd which had gathered about. We think it was erroneous to receive the evidence, and that the judgment must be reversed on this ground.
First. In regard to the arrest. That fact was irrelevant to the case, and we cannot…
2Cases cited1 opinion
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1830
3Cited by102 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- White v. . MillerNew York Court of Appeals · 1877
- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
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