Weiler v. Manhattan Railway Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by Emil Weiler against the Manhattan Railway Company for damages for injuries alleged to have been caused by defendant’s negligence in the operation of a train on its elevated road. Verdict and judgment for plaintiff for S10.U00, and costs. Defendant appeals.
1Opinion of the CourtBabbett, J.
There can be no doubt that the defendants are responsible for the negligence of their engineer in starting the train at the point, and under the circumstances, disclosed by this record. The act evinced a shocking disregard of human life, and it undoubtedly precipitated a number of men into the street below, killing or seriously maiming every one of them. It would only confuse the case to enter into a discussion as to whether the strict relation of carrier and passenger had ceased at the time of this dreadful occurrence. The learned judge at circuit ruled that it had, and that ruling was…
2Cases cited8 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Board of Education v. AremanNew York Court of Appeals · 1977
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1882
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3Cited by7 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Lewis v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1895
- Dorff v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Doyle v. Manhattan Railway Co.New York Supreme Court · 1891
- Roe v. CrimminsNew York Court of Common Pleas · 1895
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