Brehm v. Great Western Railway Co.
New York Supreme Court
APPEAL from a judgment entered at a special term upon the verdict of a jury, after a trial at the circuit, and from an order made at a special term denying a motion for a new trial.
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APPEAL from a judgment entered at a special term upon the verdict of a jury, after a trial at the circuit, and from an order made at a special term denying a motion for a new trial. The action was brought to recover damages sustained by the plaintiff in consequence of an accident occurring upon the railway of the defendant, on which he was a passenger, in March, 1859. The complaint alleged that the defendant had been, and still was, a foreign corporation, doing business, having agents and owning property within this state, under the córporate name of “ The Great Western Railway Company,” and…
1Opinion of the CourtBacon, P. J.
It will enable us better to appreciate the exceptions taken to the charge and refusal to charge by the justice who tried this cause, if we disembarrass the case of all questions excepting the one on which the cause really turned, and which necessarily controlled the verdict. By doing so, we shall see that there was in truth but one point upon which all the material testimony converged, and that if the charge in its leading and vital principle was right, the verdict can be sustained, and the minor and merely subsidiary exceptions will easily resolve themselves, and are indeed worthy of no…
2Cases cited1 opinion
- Stokes v. SaltonstallSupreme Court of the United States · 1839
3Cited by26 opinions
- The ConquerorSupreme Court of the United States · 1897
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
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