Colegrove v. New York & Harlem Railroad
The Superior Court of New York City
This action came before the court, at General Term, on a verdict for the plaintiff, subject to the opinion of the court at General Term, on the questions of law presented by exceptions taken at the trial.
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This action came before the court, at General Term, on a verdict for the plaintiff, subject to the opinion of the court at General Term, on the questions of law presented by exceptions taken at the trial. It was tried before Mr. Justice Slosson and a jury, on the 5th of December, 1855. The action is brought against both defendants, to recover dam? ages for injuries sustained by the plaintiff, while a passenger on the cars of the Harlem Company, from a collision between the trains of the two companies, occurring about six o’clock, A. M., on the 26th of November, 1854, at ab.out Fifty-eighth…
1Opinion of the CourtBy the Court. Bosworth, J.
The fourth, question specially-submitted. to the jury was in these words:—
“Were the defendants, the two companies, or either of them, by their agents, guilty of any negligence which caused the injury to the plaintiff; and, if only one of them, which ?” To this question the jury answered, “both.”
I understand the jury, by their answer to this question, to have found, that the negligence of both companies concurred to produce the collision which caused the injury.
The counsel for the New Haven Railroad Company insiste that no action will lie against the defendants jointly, as the negligence of…
2Cases cited6 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Young v. BlackSupreme Court of the United States · 1813
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Williams v. SheldonNew York Supreme Court · 1833
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
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3Cited by24 opinions
- Slater v. . MersereauNew York Court of Appeals · 1876
- City of Peoria v. SimpsonIllinois Supreme Court · 1884
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- O'Malley v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1915
- Waterbury v. New York C. & H. R. R. Co.U.S. Circuit Court for the District of Northern New York · 1883
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