Spencer v. Utica & Schenectady Raid-Road
New York Supreme Court
Motion by the defendants, to set aside a report of referees' in favor of the plaintiff for $ 150. The action was trespass on the case; plea the general issue. The facts are sufficiently set forth in the opinion of the court.
1Opinion of the Court
By the Court, Gridley, J.
This action was brought to recover damages against the defendants for negligently running their train of cars against the plaintiff’s wagon while he was crossing the rail-road track; by which act, his wagon was destroyed, and the plaintiff himself thrown out and severely injured. The plaintiff’s house was situated north of the rail-road, and his meadow lay south of it, and the accident occurred on that part of the track over which he was accustomed to pass, in going" to and from his farm, in the ordinary course of his business. It appeared by the testimony, that the…
2Cases cited2 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Rathbun & West v. PayneNew York Supreme Court · 1838
3Cited by17 opinions
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
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