Deming v. Terminal Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal bv the defendants, The Terminal Railway Company of Buffalo and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 1st day of February, 1899, upon the verdict of a jury for $10,000, rendered after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 13th day of April, 1899, denying the said defendants’ motion for a new trial made upon the…
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Appeal bv the defendants, The Terminal Railway Company of Buffalo and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 1st day of February, 1899, upon the verdict of a jury for $10,000, rendered after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 13th day of April, 1899, denying the said defendants’ motion for a new trial made upon the minutes. The appellant, The Terminal Railway Company of Buffalo, is a corporation duly organized under the laws of this State,…
1Opinion of the Court
Adams, P. J.:
Upon the undisputed facts of this case it is clear that the placing of the embankment in question in the traveled part of a public highway over which hundreds of teams were passing daily, without taking the slightest precaution to warn or protect travelers who might have occasion to approach it on a dark night, was an act of gross and inexcusable negligence. Indeed, so patent is this fact that the defendants, instead of controverting it, seek to escape responsibility by invoking the rule which exempts a party from liability for the negligent act or omission of an independent…
2Cases cited11 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Blake v. . FerrisNew York Court of Appeals · 1851
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
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3Cited by1 opinion
- Parsons v. Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900