McPadden v. . the New York Cen. R.R. Co.
New York Court of Appeals
Appeal from a decision of the General Term of the Supreme Court in the seventh district, upon exceptions there heard in the first instance, granting a new trial. This action was brought to recover for injuries sustained by the plaintiff, while a passenger upon the defendant’s road.
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Appeal from a decision of the General Term of the Supreme Court in the seventh district, upon exceptions there heard in the first instance, granting a new trial. This action was brought to recover for injuries sustained by the plaintiff, while a passenger upon the defendant’s road. The cause was tried at the Rochester circuit, in January, 1865; and it appeared, among other things, that, on the 5th day of January, 1864, the plaintiff took passage on a train at Rochester going westerly, intending to go to K-nowlesville. The train stopped at Brockport, and there met a train coming east. About…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The General Term granted a new trial, upon the ground that the judge, at the circuit, should have submitted to the jury the question, whether the rail was broken before it was reached by the train going west carrying the plaintiff; and it held, if it was thus broken, that the defendant was liable, irrespective of any question of negligence, within the principle of the case ofAlden v. The N.Y.C.R.R. Co. (26 N.Y., 102), upon the ground that it was bound to furnish…
2Cases cited1 opinion
- Alden v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
3Cited by10 opinions
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- OregonCourt of Appeals for the Ninth Circuit · 1904
- Western Maryland Railroad v. State Ex Rel. ShirkCourt of Appeals of Maryland · 1902
- Dunlap v. Steamboat RelianceU.S. Circuit Court for the District of Georgia · 1880
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