Legal Opinion
Thoreson v. New York State Railways
New York Supreme Court
Decided December 15, 1916PublishedCited by 2 opinions
Motion for new trial upon verdict for the defendant.
1Opinion of the CourtRodenbeck, J.
Since the decision of Stierle v. Union R. Co., 156 N. Y. 70, 684, the cases involving injuries to passengers by common carriers with reference to the degree of care required of the carrier may be divided into six classes, those involving: (1) unsafe road-beds, (2) defective machinery, (3) imperfect cars, (4) other conditions endangering the success of the enterprise, (5) situations from which grave injuries may be expected, and (6) all other cases.
The Court of Appeals has not attempted to prescribe the degree of care that is required as a matter of law except in the first five classes of…
2Cases cited11 opinions
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Koehne v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Marlatt v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by2 opinions
- O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
- O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919