Little v. Dusenberry
Supreme Court of New Jersey
On error to Supreme Court. James P. Dusenberry, administrator, &c., of Cephas JVL Woodruff, deceased, brought an action'of trespass on the case,, in the Supreme Court, against Henry S. Little, receiver of the Central Railroad of New Jersey, to recover damages for the death of said decedent, caused by the alleged wrongful act, neglect or default of the agents of said receiver in operating said railroad, under the statute.
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On error to Supreme Court. James P. Dusenberry, administrator, &c., of Cephas JVL Woodruff, deceased, brought an action'of trespass on the case,, in the Supreme Court, against Henry S. Little, receiver of the Central Railroad of New Jersey, to recover damages for the death of said decedent, caused by the alleged wrongful act, neglect or default of the agents of said receiver in operating said railroad, under the statute. Rev., p. 294. The deceased was a passenger on a train of cars of the Central railroad, holding a ticket from Ocean Grove to New York city, on June 29th, 1882, when the car in…
1Opinion of the Court
The opinion of the court was delivered by
Scuddbe, J.
The first error assigned on the bill of ■exceptions returned with the writ is that the receiver was not liable to this action because that under his statutory appointment he is not a common carrier, but a public officer.
This statute of February 11th, 1874, enacts “ that whenever any incorporated railroad company in this state shall become insolvent, and the property of such company shall have passed into the hands of a receiver by order of the ■Chancellor, in accordance with the act to which this is a supplement, the receiver shall, and he…
2Cases cited10 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
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3Cited by2 opinions
- Berry v. Penna. RR Co.New Jersey Superior Court Appellate Division · 1963
- Horelick v. PENNA. R. CO.New Jersey Superior Court Appellate Division · 1953