Edgerton v. . New York Harlem R.R. Co.
New York Court of Appeals
This was an action brought to recover damages alleged to Lave been sustained from an injury received by the Plaintiff while riding as a passenger on the Defendant’s cars. , The case shows that the Plaintiff purchased of Defendant a passenger ticket from New York to Albany. That he rode upon a passenger train as far as Hillsdale, where he got off and remained from Saturday until Monday morning.
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This was an action brought to recover damages alleged to Lave been sustained from an injury received by the Plaintiff while riding as a passenger on the Defendant’s cars. , The case shows that the Plaintiff purchased of Defendant a passenger ticket from New York to Albany. That he rode upon a passenger train as far as Hillsdale, where he got off and remained from Saturday until Monday morning. While upon the train -the conductor took from the Plaintiff his ticket, which- specified that it was good for one day only, and gave him a check showing his right to a passage upon the train to Albany.…
1Opinion of the CourtGrover, J.
The only negligence imputed by the Defendant-to the Plaintiff was in riding upon the caboose attached to the freight train, where, it is claimed, he was not a rightful passenger.
The case shows that, although the caboose was- not properly a passenger car, and was used principally for carrying- the- em-ployés of the company, yet that passengers were carried thereon, from whom the company received the usual fare.
The company, therefore, incurred the same liability-to such passengers for their safety as it was under to passengers upon the-regular passenger trains.
As to the Plaintiff’s rights as a…
2Cases cited1 opinion
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
3Cited by61 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
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