Murphy v. Rome, Watertown & Ogdensburg Railroad
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Rosanna Murphy against the Rome, Watertown & Ogdensburg Railroad Company.
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Appeal from circuit court, Jefferson county. Action by Rosanna Murphy against the Rome, Watertown & Ogdensburg Railroad Company. It is alleged in the complaint that on the 12th of May, 1888, the plaintiff, a widow, about 38 years of age, took passage in defendant’s passenger train at Watertown for Felt’s Mills, paying her fare; and upon arriving at Felt’s Mills station, after the train stopped, as she was about to step down upon the platform, with one foot on the steps of the car leading down, and the other just upon or about being placed upon the platform in making her exit from the coach in…
1Opinion of the CourtHardin, P. J.
Carefully and cautiously the trial judge laid down the rules of law applicable to the principal questions presented by the evidence in this case. He kept carefully within the principles laid down by the court of appeals (second division) in McDonald v. Railroad Co., 22 N. E. Rep. 1068. In that case it was held, viz.: It is the duty of a railroad company to give passengers a reasonable opportunity to leave its train at stations where it stops; and reasonable diligence on the part of its passengers is also required. A passenger has the right to assume that he will have reasonable opportunity to…
2Cases cited2 opinions
- Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
- Cleveland v. New Jersey Steam-Boat Co.New York Supreme Court · 1889
3Cited by1 opinion
- Zwack v. New York, Lake Erie & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1896