Dale v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff, caused by defendant’s negligence. On the 3d August, 1871, plaintiff was a passenger in one of defendant’s cars. He was seated near an open window, with his elbow on the window-sill.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff, caused by defendant’s negligence. On the 3d August, 1871, plaintiff was a passenger in one of defendant’s cars. He was seated near an open window, with his elbow on the window-sill. While passing over a bridge his elbow was struck by some substance and his arm was broken. The further material facts appear in the opinion. The court…
1Opinion of the CourtRapallo, J.
The grounds upon which negligence was claimed to be imputable to the defendant were, that the bridge was too narrow for the safe passage of the car in which the plaintiff was riding, and that the bridge was out of repair, some of the boards on the side being loose and warped, and liable to project; and it was urged on the trial that the injury to the plaintiff’s arm was attributable to these defects in the bridge. All these positions were controverted by the defendant. It claimed that the side of the car not having come in contact with any part of the bridge the plaintiff’s elbow could not…
2Cited by5 opinions
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- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- Francis v. . New York Steam Co.New York Court of Appeals · 1889
- Schuhle v. CunninghamNew York Court of Common Pleas · 1888
- Harvey v. New York Central & Hudson River RailroadNew York Supreme Court · 1880