Sias v. Rochester Railway Co.
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Henry H. Sias and another, administrators of Charles H. McKee, deceased, against the Rochester Railway Company. From a judgment of nonsuit and order denying motion for new trial,, plaintiffs appeal.
Read the full summary
Appeal from circuit court, Jefferson county. Action by Henry H. Sias and another, administrators of Charles H. McKee, deceased, against the Rochester Railway Company. From a judgment of nonsuit and order denying motion for new trial,, plaintiffs appeal. The complaint alleges that the defendant maintains and operates an electric street railway on Lake avenue in the city of Rochester to Ontario Beach, a distance of some seven miles, and for conveyance of passengers for hire; and that on the 4th of September, 1892, the plaintiffs’ intestate boarded one of the defendant’s cars near Ontario Beach…
1Opinion of the CourtHardin, P. J.
After the intestate had purchased a ticket and entered the car of the defendant, it was in duty bound to observe care in his transportation from Ontario Beach to the city of Rochester. In Clark v. Railroad Co., 36 N. Y. 137, Grover, J., said:
“The law requires from those so engaged the exercise of such care on their part, and of their servants, as will insure the safe carriage of their passengers, so far as their safety depends upon the diligence and care of those engaged in such carriage, and makes them responsible for any injury sustained from the omission of such care and diligence.”
The…
2Cases cited13 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tucker v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Purcell v. LauerAppellate Division of the Supreme Court of the State of New York · 1897
- Sias v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Sias v. Rochester Railway Co.New York Court of Appeals · 1901