Webster v. . Hudson River R.R. Co.
New York Court of Appeals
The Defendant is a railroad corporation, engaged in the transportation of freight and passengers, by steam power, along the east shore of the Hudson river, between New York and Albany. The Plaintiff, on the 19th April, 1860, was a passenger on a through ticlcet from the city of New York to East Chatham, by steamboat to Hudson, and from Hudson to Chatham by the Hudson and Boston Railroad.
Read the full summary
The Defendant is a railroad corporation, engaged in the transportation of freight and passengers, by steam power, along the east shore of the Hudson river, between New York and Albany. The Plaintiff, on the 19th April, 1860, was a passenger on a through ticlcet from the city of New York to East Chatham, by steamboat to Hudson, and from Hudson to Chatham by the Hudson and Boston Railroad. The testimony shows that the Hudson and Boston Railroad is a railroad starting from the steamboat dock in Hudson, seven hundred or eight hundred feet west of the Hudson River Railroad track, and runs…
1Opinion of the Court
Hunt, Ch.J.
The Plaintiff was properly in the cars of the Hudson and Boston Bailroad Company, on his way to Chatham. It is not pretended that he was guilty of any personal negligence, or that it was in his power, by any means, or in any degree, to have prevented the collision by which he was injured. Like every passenger in a train of cars propelled by steam, he was passive in the hands of the railroad company; unable to aid, if aid was useful, unable to delay or hasten a train, incompetent, and not permitted, to regulate or examine its machinery. His personal safety was exclusively under -the…
2Cases cited3 opinions
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
- Brown v. . N.Y.C.R.R.New York Court of Appeals · 1865
3Cited by28 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
- Slater v. . MersereauNew York Court of Appeals · 1876
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
23 more not listed; retrieve them via the Exa API.