Johnson v. Hudson River Railroad
The Superior Court of New York City
Appeal by defendants from a judgment at Special Term in favor of the plaintiff for $4,456.18, damages and costs. The action was brought, by the plaintiff as executrix of the last will, etc., of her deceased husband, Peter A. Johnson, and the complaint averred that his death was occasioned by the culpable negligence of the defendants or their servants, a.nd demanded judgment for $5,000 as the pecuniary loss to his widow and children.
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Appeal by defendants from a judgment at Special Term in favor of the plaintiff for $4,456.18, damages and costs. The action was brought, by the plaintiff as executrix of the last will, etc., of her deceased husband, Peter A. Johnson, and the complaint averred that his death was occasioned by the culpable negligence of the defendants or their servants, a.nd demanded judgment for $5,000 as the pecuniary loss to his widow and children. The answer denied the negligence imputed, and averred that the fatal accident was solely owing to the negligence of the deceased himseff. The cause was tried…
1Opinion of the CourtBy the Court. Slosson, J.
On the 28th day of August, 1853, at about 8 o’clock in the evening, the deceased, (Peter A. Johnson,) was run over by a freight car of the defendants’, in West street, at its intersection with Gansevoort street, and killed.
The day had been rainy, and the evening was very dark. The verdict of the jury determines that there were no bells on the horses nor lights on the car.
The deceased was a cartman, and was on his return home in the evening, driving up on the east side of the track; a sewer was in the process of construction through Gansevoort street, it had extended across the track in West…
2Cases cited3 opinions
- Carroll v. New York & New Haven RailroadThe Superior Court of New York City · 1853
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1855
3Cited by10 opinions
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Swinnerton v. . Columbian Insurance Co.New York Court of Appeals · 1867
- Baltimore & Ohio Railroad v. Breinig ex rel.BitterCourt of Appeals of Maryland · 1866
- Candelaria v. Atchison, Topeka & Santa Fe RailroadNew Mexico Supreme Court · 1891
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