Coon v. Syracuse & Utica Rail-Road
New York Supreme Court
This was an action on the case, tried at the Oneida circuit, in September, 1847, before Justice Pratt. The plaintiff claimed to recover damages for an injury inflicted on his person by being run over by a certain train of cars called a stake train, upon the defendants’ rail-road, through the alledged carelessness of the defendants.- The defendants pleaded the general issue.
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This was an action on the case, tried at the Oneida circuit, in September, 1847, before Justice Pratt. The plaintiff claimed to recover damages for an injury inflicted on his person by being run over by a certain train of cars called a stake train, upon the defendants’ rail-road, through the alledged carelessness of the defendants.- The defendants pleaded the general issue. It appeared in evidence that at the time of the injury the plaintiff was in the defendants’ employ, as a- trackman, and had been in their employ five or six years. His duty was to pass over the track, on a hand car, upon a…
1Opinion of the Court
By the Court, Pratt, J.
The evidence upon the trial of this cause shows quite clearly that the plaintiff was himself guilty of negligence; and had one of the men upon the stake train been injured by the collision, the evidence would be quite as strong to establish the liability of the company to him, on *236account of the negligence of Coon, as it is in the present action.
It was the custom as well as the duty of the trackmen to carry lights at night upon the hand car, to enable them to perform their work faithfully, and to be seen by the trains. Had the plaintiff discharged his duty in that…
2Cases cited1 opinion
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- Carle v. Bangor & Piscataqis Canal & RailroadSupreme Judicial Court of Maine · 1857
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