Pitcher v. Lake Shore & Michigan Southern Railway Co.
New York Supreme Court
Motion for new trial on exceptions. Action of 0. Frank Pitcher against the Lake Shore & Michigan Southern Railway Company for damages on account of personal injury. After hearing the case before a jury at a special term, Erie county, the court ordered the entry of a nonsuit, and that the motion for a new trial oil plaintiff’s exceptions be heard at the general term.
1Opinion of the CourtMacomber, J.
This action is brought to recover damages for personal injuries sustained by the plaintiff, in the month of July, 1887, at Buffalo, while a passenger on a freight train of the defendant, having in charge 19 horses for his principals, who lived in Boston, Mass. The plaintiff embarked on the defendant’s railroad at Tecumseh, Mich., upon a continuous trip train, and arrived in front of the Crandall House, in Buffalo, on July 12, 1887. He had no ticket, and did not directly pay for his passage; but he was carried by the company, at the request of his principals, as a proper and necessary…
Also in this document: Concurrence.
2Cases cited4 opinions
- Smith v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Keating v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1872
- People v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Ganiard v. Rochester City & Brighton RailroadNew York Supreme Court · 1888
3Cited by2 opinions
- Freeman v. Glens Falls Paper-Mill Co.New York Supreme Court · 1891
- Pitcher v. Lake Shore & Michigan Southern Railway Co.New York Supreme Court · 1891