Brown v. New York Central Railroad
New York Court of Appeals
This action was brought tos recover for injuries sustained by plaintiff by a collision of defendant’s cars with a stage coach, in which she was a passenger. The stage was a public one plying between the villages of Albion and Batavia. The collision occurred at the crossing over Main street in Albion, which crossing, ft appeared, was at a point of much travel and in a densely built portion of the village.
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This action was brought tos recover for injuries sustained by plaintiff by a collision of defendant’s cars with a stage coach, in which she was a passenger. The stage was a public one plying between the villages of Albion and Batavia. The collision occurred at the crossing over Main street in Albion, which crossing, ft appeared, was at a point of much travel and in a densely built portion of the village. The stage was moving south, and in approaching the crossing from the north the view of the railroad is greatly obstructed by houses, trees, shrubbery and fences, so that an approaching train…
1Opinion of the CourtDavis, J.
It is insisted by appellant that there was no evidence of negligence on its part which contributed to produce the collision; and that the court erred at the trial in denying the motion for nonsuit on that ground, and in submitting the question of defendant’s negligence to the jury. On this question the point submitted to the jury was, whether the defendant exercised its right of making a running switch, at a proper place and with the use of due care. The place was certainly one demanding great caution. The crossing was over the street of a populous village where travelers were constantly…
2Cases cited4 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
- Caldwell v. MurphyThe Superior Court of New York City · 1852
3Cited by24 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Bryan v. Southern Pacific CompanyArizona Supreme Court · 1955
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
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