Palmer v. . D. H.C. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made December 1, 1887, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and affirmed an order-denying a motion for a new trial. The degree of care required in the inspection of any particular part of the apparatus of a car, is proportioned to the necessary or probable injurious consequences resulting from failure to inspect.
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Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made December 1, 1887, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and affirmed an order-denying a motion for a new trial. The degree of care required in the inspection of any particular part of the apparatus of a car, is proportioned to the necessary or probable injurious consequences resulting from failure to inspect. (Kerrigan v. Hart, 40 Hun, 391.) The court erred in charging the jury that.it was their “ duty to say whether the defendant…
1Opinion of the CourtBradley, J.
On September 17, 1885, while going at the rate of twenty or twenty-five miles per hour, the locomotive engine drawing a train upon defendant’s railroad, was severed from the cars, the speed of which suddenly slacked by the operation of the ah* brakes; and the plaintiff, being a passenger in one of the cars, was struck over his eye and injured by the end (said to be metallic) of the bell rope which, being attached to the engine, was rapidly drawn through the cars. The plaintiff had the burden of proving a state of facts from which it might be inferred that his injury was- occasioned by the…
2Cases cited4 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Coddington v. . the B'klyn Crosstown R.R. Co.New York Court of Appeals · 1886
- Hayes v. . Forty-Second St., Etc., R.R. Co.New York Court of Appeals · 1884
3Cited by37 opinions
- Marable v. RailroadSupreme Court of North Carolina · 1906
- Anderson v. . Fidelity Casualty Co.New York Court of Appeals · 1920
- McLean v. Triboro Coach Corp.New York Court of Appeals · 1950
- Western Maryland Railroad v. State Ex Rel. ShirkCourt of Appeals of Maryland · 1902
- Dibbert v. Metropolitan Investment Co.Wisconsin Supreme Court · 1914
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