Coddington v. . the B'klyn Crosstown R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1884, which.affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff was a passenger on one of defendant’s street cars; the track of its road is crossed by the track of a steam railroad.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1884, which.affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff was a passenger on one of defendant’s street cars; the track of its road is crossed by the track of a steam railroad. In passing the crossing the car was struck by an engine passing on the other road, and plaintiff was injured.. The other material facts are stated…
1Opinion of the CourtEarl, J.
The sole question for our determination is, whether that portion of the judge’s charge which defines the degree of care and skill which the defendant was bound to exercise in the carriage of passengers, to which exception was taken by the defendant’s counsel, was erroneous. In several portions of his charge the judge charged as follows: “Now if this plaintiff, can recover at all, she can recover only by reason of the negligence upon the part of the defendant which ordinary prudence and care on its part, or the part of its employes, would have prevented; that is to say, that if this accident…
2Cases cited1 opinion
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
3Cited by18 opinions
- Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Zimmer v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Railroad v. KuhnTennessee Supreme Court · 1901
- Fuller v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1904
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