Smith v. Kingston City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Kingston City Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 2d day of December, 1899, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, P. J.:
In Laffin v. Buffalo & Southwestern R. R. Co. (106 N. Y. 136, 139), referring to the duty of a railroad company, it was said: “ It was not bound so to construct this platform as to make accidents to passengers using the same impossible, or to use the highest' degree of diligence to make it safe, convenient and useful. It was bound simply to exercise ordinary care, in view of the dangers attending its use, to make it reasonably adequate for the purpose to which it' was devoted.” And on page 141 it was further said: “Asa general rule, when an appliance or machine or structure,'…
2Cases cited3 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
- Poulin v. . Broadway and Seventh Avenue Railroad CompanyNew York Court of Appeals · 1874
3Cited by2 opinions
- McDonough v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Reis v. Cincinnati Traction Co.Ohio Superior Court, Cincinnati · 1912