New York, Lake Erie & Western Railroad v. Leaman
Supreme Court of New Jersey
On error to the Supreme Court. Leaman, the plaintiff below, brought an action against the New York, Lake Erie and Western Railroad Company for damages for injuries to two horses and a wagon. The team, driven by a servant of the plaintiff along a public road, was crossing the track of the defendant, when a locomotive struck the horses and wagon.
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On error to the Supreme Court. Leaman, the plaintiff below, brought an action against the New York, Lake Erie and Western Railroad Company for damages for injuries to two horses and a wagon. The team, driven by a servant of the plaintiff along a public road, was crossing the track of the defendant, when a locomotive struck the horses and wagon. At the trial it was contended that there was no negligence imputable to the servants of the company by reason of which the injury occurred. To the charge of the trial justice in respect to the conduct required, of those operating the train certain…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The ninth section of the “Act respecting railroads and canals ” (Rev., p. 910) provides that every railroad company shall cause to be placed upon some part of every locomotive engine used by any such company a bell of a weight of not less than thirty pounds, or a steam whistle which can be heard distinctly at a distance of at least three hundred *204yards, and shall cause such bell to be rung or steam whistle to be blown at a distance of at least three hundred yards from highway crossings until such crossings are passed.
This act, it is perceived,…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. DoughertyIllinois Supreme Court · 1884
3Cited by16 opinions
- Bittle v. Camden & Atlantic RailroadSupreme Court of New Jersey · 1893
- Danskin v. Pennsylvania RailroadSupreme Court of New Jersey · 1909
- New York & Greenwood Lake Railway Co. v. New Jersey Electric Railway Co.Supreme Court of New Jersey · 1897
- Pennsylvania R. v. MillerCourt of Appeals for the Third Circuit · 1900
- Hackett v. New York, Lake Erie & Western RailroadSupreme Court of New Jersey · 1895
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