Legal Opinion

Waterbury v. New York C. & H. R. R. Co.

U.S. Circuit Court for the District of Northern New York

Decided May 4, 1883PublishedCited by 19 opinions

At Law. Motion for new trial.

1Opinion of the CourtWalxjAoe, J.

The plaintiff sued for personal injuries sustained, as he alleged, by the negligence of the defendant, and, having recovered a verdict, the defendant moves for a new trial. The plaintiff was riding on an engine of the defendant, when, in consequence of a misplaced switch, it was thrown from the track and he was injured. There was no evidence on the trial of any express contract between the parties creating the relation of passenger and carrier, but it ap*672peared that on various prior occasions the plaintiff and other drovers whose cattle were being transferred from West Albany to East Albany by…

2Cases cited71 opinions

  1. Railroad Co. v. HusenSupreme Court of the United States · 1878
  2. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  3. Railroad Co. v. JonesSupreme Court of the United States · 1877
  4. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  5. H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872

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3Cited by19 opinions

  1. Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
  2. Springer v. ByramIndiana Supreme Court · 1894
  3. Perkins v. GallowaySupreme Court of Alabama · 1915
  4. Simmons v. Oregon RailroadOregon Supreme Court · 1902
  5. Gruber v. Cater Transfer Co.Washington Supreme Court · 1917

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