Poole v. Delaware, Lackawanna & Western Railroad
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The defendant is a common carrier of passengers by a railroad extending from Oswego to Syracuse. Eleven miles from Oswego, on this railroad, is a station called Fulton. The village of Fulton is about one mile east of this station.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried. The defendant is a common carrier of passengers by a railroad extending from Oswego to Syracuse. Eleven miles from Oswego, on this railroad, is a station called Fulton. The village of Fulton is about one mile east of this station. November 21, 1882, one Hatch was, and for some time had been, engaged in running a line of omnibusses for passengers between the station and the village. The…
1Opinion of the Court
Follett, J.:
For the purposes of this appeal, it will be assumed that the plaintiff was not guilty of contributory negligence, and that the injuries were caused solely by the drivers of the omnibus line. The separate tickets delivered to the plaintiff, whether regarded as contracts or tokens, are insufficient evidence to justify the conclusion as a matter of law, or of fact, that the defendant contracted to carry the plaintiff beyond Fulton station. (Milnor v. N. Y. and N. H. R. R. Co., *3153 N. Y., 363.) In this case the defendant issued coupon tickets and checked the plaintiff’s baggage over a…
2Cases cited5 opinions
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Gass v. New York, Providence & Boston RailroadMassachusetts Supreme Judicial Court · 1868
- Milnor v. . N.Y. and N.H.R.R. Co.New York Court of Appeals · 1873
- Isaacson v. New York Central & Hudson River RailroadNew York Court of Appeals · 1884
- Kessler v. New York Central & Hudson River RailroadCommission of Appeals · 1875