Welles v. New York Central Railroad
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover damages for an injury sustained by the plaintiff while riding on the cars of the defendants, under a special contract between the parties. By a stipulation between the attorneys for the respective parties, the following facts were agreed upon: First.
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APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover damages for an injury sustained by the plaintiff while riding on the cars of the defendants, under a special contract between the parties. By a stipulation between the attorneys for the respective parties, the following facts were agreed upon: First. That on or about the 18th or 19th day of September, 1855, the defendants were a corporation, duly incorporated under the laws of the state of New York, and that their corporate name was and is “ The New York Central Bail Boad…
1Opinion of the CourtE. Darwin Smith, J.
In the conclusion of the judge at the circuit, that the plaintiff is entitled to recover in this action, I find myself unable to concur. The plaintiff received a free ticket from the defendants, entitling or permitting him to ride in their cars at his own pleasure, with an indorsement on his ticket by which “ he expressly agreed that the company should not be liable under any circumstances, whether of negligence by their agents or otherwise, for any injury to his person or for any loss or injury to his property.” These were the terms and the conditions on which the defendants gave and the…
2Cases cited1 opinion
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
3Cited by10 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
- Griswold v. New York & New England RailroadSupreme Court of Connecticut · 1885
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
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