Legal Opinion

Truex v. Erie Railway Co.

New York Supreme Court

Decided December 15, 1870PublishedCited by 1 opinion

This is an appeal from an order denying a new trial, and from a judgment entered on the verdict of a jury at a Circuit of the Supreme Court in Sullivan county, May 23, 1870, before Justice Peokham and a jury. The action was commenced in May, 1868, to recover damages for personal injuries.

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This is an appeal from an order denying a new trial, and from a judgment entered on the verdict of a jury at a Circuit of the Supreme Court in Sullivan county, May 23, 1870, before Justice Peokham and a jury. The action was commenced in May, 1868, to recover damages for personal injuries. It appeared upon the trial that on July 15, 1864, the plaintiff, who was then a soldier in the United States service, and acting as one of the guard of rebel prisoners being transported over defendant’s road, was injured near Shohola, Pa., on the way from Jersey City to Elmira, where a collision occurred…

1Opinion of the CourtMiller, P. J.

I think that the judge upon the trial of this action properly refused to charge that the defendant was an agent of the government at the time, and, consequently, not liable for the negligent acts of its servants, unless it knew them to be unfit for the service in which they were employed. This case has no features of similarity to that of a government officer who is prosecuted for the malfeasance or negligent acts of his clerks or deputies. (See Wiggins v. Hathaway, 6 Barb., 632.) The defendant was employed at the request of an officer of the government to furnish transportation for a certain…

2Cases cited1 opinion

  1. Wiggins v. HathawayNew York Supreme Court · 1849

3Cited by1 opinion

  1. Gainer v. HinesAppellate Division of the Supreme Court of the State of New York · 1920

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