Deyo v. . New York Central Railroad Co.

This action was brought to recover damages for injuries to the plaintiff, claimed to have been caused by the negligence of the defendant. On the trial, at the Albany Circuit, before Mr. Justice WRIGHT, the plaintiff was nonsuited. Judgment having been entered for defendant, the same was affirmed at the General Term; and the plaintiff now appeals to this court.

It appeared upon the trial that the plaintiff was a passenger on the defendant's train of cars which left Syracuse for the west on the night of the 19th of July, 1855, at 12.28. The train was moving over that part of the road where the…