Brand v. Schenectady & Troy Railroad
New York Supreme Court
This was an appeal by the defendants, from a judgment rendered at the circuit in favor of the plaintiff. The pleadings were framed under the code of 1848. The complaint charged, that on the 5th of December, 1848, while the plaintiff was rightfully walking upon the sidewalk in one of the streets of the city of Schenectady, she was, through the carelessness, negligence, unskilfulness and mismanagement of the defendants and the officers and agents by them employed on the said…
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This was an appeal by the defendants, from a judgment rendered at the circuit in favor of the plaintiff. The pleadings were framed under the code of 1848. The complaint charged, that on the 5th of December, 1848, while the plaintiff was rightfully walking upon the sidewalk in one of the streets of the city of Schenectady, she was, through the carelessness, negligence, unskilfulness and mismanagement of the defendants and the officers and agents by them employed on the said road, struck down in the street by the locomotive and tender of said company, while in the act of backing up the same…
1Opinion of the Court
By the Court, Willard, J.
The allegation in the- reply that the injury was occasioned by the bad condition of the track of the road, whereby the plaintiff was hindered and delayed, is a departure from the cause of action set up in the complaint. In the complaint the injury is attributed to the negligence of the persons backing the engine and tender. No objection seems to have been taken on the trial, on this account. All the issues *377raised by the pleadings were tried, and the only questions growing out of the bill of exceptions arose from the rulings and charge of the learned judge. The charge…
2Cases cited5 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Bank of Columbia v. Attorney GeneralCourt for the Trial of Impeachments and Correction of Errors · 1829
- Barnes v. ColeNew York Supreme Court · 1839
3Cited by14 opinions
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Houston & Texas Central Railroad v. SmithTexas Supreme Court · 1879
- Bannon ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Higley v. GilmerMontana Supreme Court · 1878
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