Lincoln v. Saratoga & Schenectady Rail Road
New York Supreme Court
This was an action on the ease for negligence, tried at the Saratoga circuit, in December, 1837, before the Hon. John Willard, one of the circuit judges.
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This was an action on the ease for negligence, tried at the Saratoga circuit, in December, 1837, before the Hon. John Willard, one of the circuit judges. The plaintiff was a passenger in a rail road car of the defendants, on his way from Saratoga Springs to Schenectady, on the 31st August, 18.36. A short distance below Ballston Spa, the car in which the plaintiff was, came in collision with a train of cars moved by a locomotive steam engine belonging to the defendants, proceeding from Schenectady to Saratoga Springs, and to avoid the probable danger of the collision, sprang from the car in…
1Opinion of the Court
Nelson, Ch. J.
By the Court, There is nothing in the suggestion that the objection to the deposition was too general as it embraced matters admissible in evidence, and that, therefore, even if parts might be considered exceptionable, the admission was right. The counsel for the defendant in stating to the judge the reasons for the exclusion pointed specifically to the parts now urged as objectionable, and thus drew to them the attention of the adverse counsel and the court. There is no pretence that either could have been misled. The judge passed understandingly on the point. Besides, the…
2Cases cited1 opinion
- Norman v. WellsNew York Supreme Court · 1837
3Cited by64 opinions
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- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Clark v. . BairdNew York Court of Appeals · 1853
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