Bissell v. New York Central Rail Road
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a new trial. On the 5th of September; 1856, Josiah L. Bissell, the husband of the plaintiff, took passage on the defendants’ rail road, from Buffalo to Albany, .upon a ticket received from the defendants, which read on its face as follows: “ New York Central Bail Eoad. Cattle Dealer’s Ticket on Passenger Train. Good for two days from date.
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APPEAL from an order made at a special term, denying a motion for a new trial. On the 5th of September; 1856, Josiah L. Bissell, the husband of the plaintiff, took passage on the defendants’ rail road, from Buffalo to Albany, .upon a ticket received from the defendants, which read on its face as follows: “ New York Central Bail Eoad. Cattle Dealer’s Ticket on Passenger Train. Good for two days from date. Conductor will pass Taylor & Bissell, owners of two cars of live stock, from Buffalo to Albany. [Not transferable.] If presented by any other person than the one named herein, the conductor…
1Opinion of the CourtJohnson, J.
The jury have found, by their verdict, that the death of Bissell was occasioned by the gross negligence *610of the agents of the defendants at the time of the collision. Being negligence of that character which resulted in the death of several human beings, it was criminal in its nature, and would have subjected the guilty agent to indictment and punishment under the statute. (2 R. S. 662, § 19.)
hieither the contract nor the ticket can be construed to refer to injuries from such a cause. It would be against the settled rules of construction to hold that injuries from criminal causes were intended…
2Cases cited1 opinion
- Welles v. New York Central RailroadNew York Supreme Court · 1858
3Cited by8 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Perkins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
- Spreckels Sugar-Refining Co. v. GlenmavisDistrict Court, E.D. Pennsylvania · 1895
- Warner v. Erie RailwayNew York Supreme Court · 1867
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