Poucher v. New York Central Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the seventh judicial district, entered upon an order affirming order of Special Term denying motion for new trial, and directing judgment for plaintiff upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by the negligence of defendant’s servants.
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Appeal from judgment of the General Term of the Supreme Court, in the seventh judicial district, entered upon an order affirming order of Special Term denying motion for new trial, and directing judgment for plaintiff upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by the negligence of defendant’s servants. On the 6th of October, 1866, plaintiff loaded on board defendant’s cars at Newark a car-load of sheep, to be transported to Albany under a written contract, by which it was, among other things, agreed that “ he should go or send some…
1Opinion of the CourtRapallo, J.
The questions of negligence on the part of the defendant, and of contributing negligence on the part of the plaintiff, were upon the evidence proper for the consideration of the jury, and on these questions their verdict is conclusive.
But we are of opinion that, under the contract between the plaintiff and the defendant, the latter was exempted from liability for the injury sustained by the plaintiff through the negligence of its servants, and that the motion for a non-suit on this ground should have been granted. The injury complained of was sustained by the plaintiff while he was on the…
2Cases cited2 opinions
- Northrup v. . the Railway Passenger As. Co.New York Court of Appeals · 1871
- Stinson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1865
3Cited by7 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Blair v. . Erie Railway CompanyNew York Court of Appeals · 1876
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
- Rogers v. Kennebec Steamboat Co.Supreme Judicial Court of Maine · 1894
- Bryan v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
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