Nicholson v. . the Erie Railway Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme .Court, in the eighth judicial district, affirming a judgment awarded for the plaintiff. This is an action to recover damages for a" personal injury to the plaintiff’s husband, resulting in his death.
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Appeal from a judgment of the General Term of the Supreme .Court, in the eighth judicial district, affirming a judgment awarded for the plaintiff. This is an action to recover damages for a" personal injury to the plaintiff’s husband, resulting in his death. The complaint states the cause of action as follows: “While James Nicholson, the deceased, was traveling upon a public highway, and lawfully crossing the defendant’s railroad track, the defendant and its servants so carelessly and negligently managed and conducted certain of the defendant’s cars upon such track, that such cars were with…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The right of action in this case must rest upon the grounds upon which it was put by the circuit judge in his charge to the jury; that is, upon the ground of an omission on its part properly to secure the cars left in the yard of the Buffalo iron works. The charge directs the jury that it was the duty of the defendant to set the…
2Cited by89 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
- Indiana, Bloomington & Western Railway Co. v. BarnhartIndiana Supreme Court · 1888
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