Taber v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment upon a verdict. (Reported below, 4 Hun, 765.) This action was brought to recover damages alleged to have been sustained by plaintiff, when alighting from a train on defendant’s road through its negligence. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order denying motion for a new trial and directing judgment upon a verdict. (Reported below, 4 Hun, 765.) This action was brought to recover damages alleged to have been sustained by plaintiff, when alighting from a train on defendant’s road through its negligence. The facts appear sufficiently in the opinion. The judge did not err in ruling that the fact that the train ran past the station was not evidence of negligence on the part of defendant. (Siner v. G.…
1Opinion of the CourtAndrews, J.
The case on the question of negligence was for the jury. That the train ran beyond the usual stopping place before coming to a stand-still, was not negligence. This may happen from the condition of the track or other cause, without the fault of the managers of the train; and, of itself, it does not expose a passenger to danger. Nor was the delay, after the train was brought to a stop, for a period necessary to reverse the motion, so as to back it to the usual stopping place, jper se negligence, which would make the defendant responsible for the injury to the plaintiff. But the fact that the…
2Cases cited1 opinion
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
3Cited by2 opinions
- Bartlett v. Short Line Bus SystemNew York Supreme Court · 1971
- Cruseturner v. International & Great Northern Railroad Co.Court of Appeals of Texas · 1905