Colegrove v. New York & New Haven Railroad
New York Court of Appeals
Appeal from the Superior Court of the city of New York. The plaintiff, a passenger under a commutation contract for the season, upon the Harlem railroad, brought his action for damages sustained in a collision between the train in which he was riding and a train of the New York and New Haven Railroad Company.
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Appeal from the Superior Court of the city of New York. The plaintiff, a passenger under a commutation contract for the season, upon the Harlem railroad, brought his action for damages sustained in a collision between the train in which he was riding and a train of the New York and New Haven Railroad Company. Both corporations used the same track under an arrangement between them sanctioned by statute, according to which they were to be governed by a common code of regulations in respect to the management of their trains. Upon .the conclusion of the'trial the judge submitted to the jury…
1Opinion of the CourtH. Gray, J.
The principal ground upon which the defence rests is, that the defendants are not jointly liable for the consequences of the collision, though it resulted from the negligence of each company, because the negligence was not joint. Had the collision set in motion a third body, which in its movement had come in contact with and produced the same injury to the plaintiff, no good reason can be assigned against their joint liability; such a case is in principle like the one under consideration.
The defendants have not been in any respect prejudiced by the refusal of the court to permit them to demur…
2Cited by78 opinions
- Feneff v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Consolidated Ice Machine Co. v. KeiferIllinois Supreme Court · 1890
- Tennessee Central Railroad v. VanhoyTennessee Supreme Court · 1920
- Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
- Cuddy v. HornMichigan Supreme Court · 1881
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