Langlois v. Buffalo & Rochester Rail Road
New York Supreme Court
DEMURRER to complaint. The complaint alleged that the plaintiff was a poor person, and was old and decrepid, so as to be unable by work to maintain himself and those for whom he was bound to provide; that before and on the 15th day of October, 1850, the defendant was and still is a corporation, and was the owner of a rail road between the cities of Rochester and Buffalo, engaged in the business of transporting persons and property by railway between the said cities of…
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DEMURRER to complaint. The complaint alleged that the plaintiff was a poor person, and was old and decrepid, so as to be unable by work to maintain himself and those for whom he was bound to provide; that before and on the 15th day of October, 1850, the defendant was and still is a corporation, and was the owner of a rail road between the cities of Rochester and Buffalo, engaged in the business of transporting persons and property by railway between the said cities of Buffalo and Rochester. That before that time the plaintiff had hired to the defendant his son Francis Langlois, an infant…
1Opinion of the CourtT. R. Strong, J.
The ground upon which it is claimed the defendants are liable in this case, is, that it was their duty as owners of their road, in respect to their servants employed on their engines, to erect, maintain and keep in repair, good and sufficient fences along the track of their road, and separating their road from the adjoining lands at the place where the injury in question occurred; and that they neglected to perform that duty, whereby the injury was occasioned. The existence of the duty is an essential element in the position ; without it, there is no negligence, and consequently no…
2Cited by9 opinions
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Terre Haute & Indianapolis Railway Co. v. WilliamsIllinois Supreme Court · 1898
- Peoria, Decatur & Evansville Railway Co. v. SchillerAppellate Court of Illinois · 1883
- Terre Haute & Indianapolis Railway Co. v. WilliamsAppellate Court of Illinois · 1897
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