Conway v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court against it, entered in the office of the clerk of the county of Queens on the 25th day of April," 1902, upon the verdict of á jury in favor of the plaintiff for $3,000, and dismissing the complaint as to the defendant Frank Ferris, and also from an order entered in s.aid clerk’s office on the 7th day of May, 1902, denying said -defendant’s motion for a new trial made upon the…
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Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court against it, entered in the office of the clerk of the county of Queens on the 25th day of April," 1902, upon the verdict of á jury in favor of the plaintiff for $3,000, and dismissing the complaint as to the defendant Frank Ferris, and also from an order entered in s.aid clerk’s office on the 7th day of May, 1902, denying said -defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jebks, J.:
The actionable negligence of the railroad corporation turns upon the proposition whether it failed in its legal obligation when it did not arrest its car. If the motorman was apprised, or; in the exercise of proper care, should have been apprised, that his obligation to his passengers required him to stop the car in order to prevent the collision, and could, in the exercise of such care, have done so, and thereby avoided the collision, then liability for the injury consequent upon his omission may be cast upon the defendant. I think that the learned court erred when it charged the…
2Cases cited11 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
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3Cited by2 opinions
- Ganguzza v. Anchor LineAppellate Division of the Supreme Court of the State of New York · 1904
- Thoreson v. New York State RailwaysNew York Supreme Court · 1916