Weed v. . the Panama Railroad Company
New York Court of Appeals
/ Appeal from the Superior Court of New-York city. The /’ action was brought by husband and wife to recover damages for breach of duty by the defendant as a carrier of passengers, whereby the wife was injured in her health. On the trial before Mr. Justice Oakley and a jury, it was proved that in August, 1854, the plaintiffs were passengers on a train of cars of the defendant from Obispo to Aspin'wall, about thirty miles distant.
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/ Appeal from the Superior Court of New-York city. The /’ action was brought by husband and wife to recover damages for breach of duty by the defendant as a carrier of passengers, whereby the wife was injured in her health. On the trial before Mr. Justice Oakley and a jury, it was proved that in August, 1854, the plaintiffs were passengers on a train of cars of the defendant from Obispo to Aspin'wall, about thirty miles distant. The train proceeded about seven miles on the route, to a place called the Barbacoas Switch, where it was detained during a night, and did not reach Aspinwall until…
1Opinion of the CourtStrong, J.
The principal question in this case is, whether the defendants are liable for the detention of the train producing damages to the wife, although the detention was the willful act of the conductor, neither authorized nor approved by the defendants. The obligation of the defendants, from receiving the wife on their train of cars to be carried to Aspinwall and proceeding with the train part of the distance, to' carry her to that place with all reasonable diligence, is not disputed by them and admits of no doubt. (Story on Bailm., § 545 ; Wibert v. New-York and Erie Railroad Company, 2 Kern.,…
2Cases cited2 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
3Cited by45 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
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