Brewer v. New York, Lake Erie & Western R. Co.
New York Court of Appeals
Appeal from judgment of the general term of the supreme court in the fourth judicial department, affirming judgment entered on a verdict in favor of the plaintiff.
1Opinion of the CourtBradley, J.
The plaintiff’s intestate was an express messenger in the service of the United States Express Company, and as such occupied the express car in a train upon the defendant’s railroad on January 23, 1881, when a portion of the train, including such car, was derailed, and he lost his life. The jury found that this was occasioned solely by the negligence of the defendant The principal ground alleged by way of defense was that the defendant was exempt from liability by virtue of an agreement made between the Erie Railway Company and the express company in 1877 to the rights of that railway company…
2Cases cited5 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Missouri Pacific Railway Co. v. IvyTexas Supreme Court · 1888
- Blair v. . Erie Railway CompanyNew York Court of Appeals · 1876
- Smith v. New York Central Rail RoadNew York Supreme Court · 1859
3Cited by22 opinions
- Grant-Howard Associates v. General Housewares Corp.New York Court of Appeals · 1984
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MahoneyIndiana Supreme Court · 1897
- Robins Dry Dock & Repair Co. v. Navigazione Libera Triestina, S. A.New York Court of Appeals · 1933
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HenryIndiana Supreme Court · 1908
- Robinson v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1907
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