Willis v. Long Island Rail Road
New York Supreme Court
APPEAL from an order made at a special term, denying a motion on the part of the defendants to set aside a verdict, and for a new trial. The plaintiff, by his complaint, sought to charge the defendant, in damages, for injuries sustained by him while riding upon the cars of the defendants; and also for loss of his son’s services, &c. occasioned by injuries to his son at the same time, and by the same accident.
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APPEAL from an order made at a special term, denying a motion on the part of the defendants to set aside a verdict, and for a new trial. The plaintiff, by his complaint, sought to charge the defendant, in damages, for injuries sustained by him while riding upon the cars of the defendants; and also for loss of his son’s services, &c. occasioned by injuries to his son at the same time, and by the same accident. The plaintiff and his son, Benjamin Willis, (a minor,) were passengers on a train of cars on the defendants’ road, in September, 1857. They got upon the train at Hempstead Branch, after…
1Opinion of the Court
By the Court,
Emott, J.
There can he no serious question as to the negligence of the defendants in respect to the occurrence by which the plaintiff was injured. The engine and *402baggage car of the train in which he was riding were thrown from the track by some poles or pieces of wood or timber which were lying upon the track, and which may fairly have been inferred to have fallen from a previous train, which had been in part loaded with such poles or sticks of timber. It was a question whether the engine driver could not, and ought not, to have seen this obstruction in time to have checked the…
2Cases cited2 opinions
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Carroll v. New York & New Haven RailroadThe Superior Court of New York City · 1853
3Cited by5 opinions
- Loop v. . LitchfieldNew York Court of Appeals · 1870
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- Kerr v. Chicago, R. I. & P. Ry. Co.Appellate Court of Illinois · 1902
- Spooner v. Brooklyn City Rail RoadNew York Supreme Court · 1862