Meagher v. Cooperstown & Charlotte Valley Railroad
New York Supreme Court
Injury to a child — what constitutes negligence on thepcm't of the father or mother— what, on the pcwt of the railroad. Appeal by tlie plaintiff, Edward Meagber, from a judgment of tlie Supreme Court dismissing the complaint, entered in the office of the clerk of the county of Otsego on the 10th day of June, 1S93, with notice of an intention to bring up for review upon such appeal an ordjr denying a motion for a new trial, entered in said clerk’s office on the 9th day of…
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Injury to a child — what constitutes negligence on thepcm't of the father or mother— what, on the pcwt of the railroad. Appeal by tlie plaintiff, Edward Meagber, from a judgment of tlie Supreme Court dismissing the complaint, entered in the office of the clerk of the county of Otsego on the 10th day of June, 1S93, with notice of an intention to bring up for review upon such appeal an ordjr denying a motion for a new trial, entered in said clerk’s office on the 9th day of June, 1893.
1Opinion of the Court
Martin, J.:
This action was to recover damages which the plaintiff sustained by reason of an injury to his infant child. The. basis of the action *456was tbe alleged .negligence of tlie defendant. Tbe plaintiff, with bis wife and daughter, who, at tbe time of tbe accident, was about nineteen months of age, resided in a bouse in front of which there was a public highway, and in the rear was the defendant’s railroad. There was a private or farm crossing over the defendant’s road, used for the purpose' of passing from the premises occupied by the plaintiff to the other portions of the farm, of which…
2Cases cited21 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
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