Warner v. . the New York Cen. R.R. Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Gourt, in the seventh district, affirming a judgment entered upon a verdict in favor of the plaintiff. This action was commenced in May, 1864, to recover damages for an injnry sustained by the plaintiff in November, 1863, from an alleged collision of the cars of the defendant with the plaintiff’s carriage.
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Appeal from an order of the General Term of the Supreme Gourt, in the seventh district, affirming a judgment entered upon a verdict in favor of the plaintiff. This action was commenced in May, 1864, to recover damages for an injnry sustained by the plaintiff in November, 1863, from an alleged collision of the cars of the defendant with the plaintiff’s carriage. The plaintiff and his son were driving in a single wagon, on a highway approaching the city of Rochester from the west. The highway crossed the railroad about two miles west of the city, and in passing over the railroad crossing at…
1Opinion of the Court
Leonard, C.
The judge, in the course of his charge, made the following observations, viz.: “ The defendants have a right to construct a railroad to run through the country and to cross all highways that intervene along the course of then* track; they have nothing more than a right to cross the highways; they do not own them, they belong to the public. Every man has a common right with all others to pass along the highway, and the railroad has no more right m crossing the highway than a person has in passing along the highway. In crossing the highways, the railroad has the same rights that…
2Cases cited2 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
3Cited by74 opinions
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Missouri, Kansas & Texas Railway Co. v. JohnsonTexas Supreme Court · 1898
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