Legal Opinion

Cleghorn v. . N.Y. Cen. H. River R.R. Co.

New York Court of Appeals

Decided February 17, 1874PublishedCited by 59 opinions

1Opinion of the Court

The accident was caused by the carelessness of the switchman, in neglecting to close the switch after the stock train had passed on to the side track, and in giving a false signal to the approaching passenger train, that the track was all right. It was a clear case of negligence; and for the injury to the plaintiff produced thereby the defendant is liable in this action. It is insisted that the court erred in admitting evidence of the intemperate habits of the switchman, and that the case ofWarner v. N.Y.C.R.R. Co. (44 N.Y., 465) is a direct authority against it. That was a case of injury at…

2Cases cited2 opinions

  1. Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
  2. Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871

3Cited by59 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
  3. Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
  4. Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
  5. Rinsky v. Cushman & Wakefield, Inc.Court of Appeals for the First Circuit · 2019

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