Mott v. Hudson River Railroad
The Superior Court of New York City
Appeal from an order denying a new trial which the plaintiff had sought on case and exceptions. This action was brought to recover from the defendants the damages which the plaintiff alleged-he had sustained from the act of defendants’ servants in running their train across a fire hose, which was employed in putting out a fire upon the plaintiff’s premises.
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Appeal from an order denying a new trial which the plaintiff had sought on case and exceptions. This action was brought to recover from the defendants the damages which the plaintiff alleged-he had sustained from the act of defendants’ servants in running their train across a fire hose, which was employed in putting out a fire upon the plaintiff’s premises. The plaintiff was the owner of a lumber yard, between 54th and 55th streets and near the 11th avenue, in the City of Hew York. The defendants’ railroad lay through this avenue, and at the time of the fire the fire companies of the city in…
1Opinion of the Court
By the Court—Moncrief, J.
The Jury was instructed in substance, that when an engine or hose company make use of a railroad track by laying the hose upon it, to effect the extinguishment of a fire, they are bound to take all reasonable measures and precautions to apprise conductors, engineers or other persons in charge of trains, which may, in regular course of running, be upon.the road about the time, of the use and occupation of the road.
That the plaintiff “ cannot recover, if the firemeh’s negligence contributed to the accident, and damage,” unless “the defendants’ agents in charge of the…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
3Cited by5 opinions
- Board of Commissioners v. SissonIndiana Court of Appeals · 1891
- New York, Lake Erie & Western Railroad v. New Jersey Electric Railway Co.Supreme Court of New Jersey · 1897
- Minster v. Citizens' Railway Co.Missouri Court of Appeals · 1893
- Carpenter v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1872
- Ricker v. FreemanSupreme Court of New Hampshire · 1870