Haring v. New-York & Erie Railroad
New York Supreme Court
This action was brought by the plaintiff, as administratrix of John J. Haring, deceased, to recover damages for an injury sustained by the intestate, by being struck by the engine of the defendants, while he, with another person, was crossing the railroad in a sleigh, on the 2d of February, 1849. The complaint alledged that the intestate was thrown out of his sleigh, with great force and violence, upon the ground, and was so severely and seriously injured, bruised and…
Read the full summary
This action was brought by the plaintiff, as administratrix of John J. Haring, deceased, to recover damages for an injury sustained by the intestate, by being struck by the engine of the defendants, while he, with another person, was crossing the railroad in a sleigh, on the 2d of February, 1849. The complaint alledged that the intestate was thrown out of his sleigh, with great force and violence, upon the ground, and was so severely and seriously injured, bruised and wounded, as to cause his death in a few hours thereafter; and that the injury was caused by the gross carelessness,…
1Opinion of the Court
By the Court, Barculo, J.
The undisputed evidence introduced by the plaintiff, established the fact that her deceased husband, whose death is the subject of the action, was riding in a sleigh with another person) who was driving at the rapid rate *15of a mile in four or five minutes, across the track of the railroad when the collision occurred. It also appeared that near the point of intersection, high embankments between the railroad, and highway, render it impossible for a person on the highway to see the cars coming until he gets on the track. Upon this state of facts, the simple question was…
2Cases cited5 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Stuart v. SimpsonNew York Supreme Court · 1828
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
3Cited by24 opinions
- Fields v. Wilber Law FirmCourt of Appeals for the Seventh Circuit · 2004
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
- Schultz v. Pacific RailroadSupreme Court of Missouri · 1865
19 more not listed; retrieve them via the Exa API.