Moshier v. Utica & Schenectady Railroad
New York Supreme Court
This was an action on the case, brought by the plaintiff against the defendants for negligence, by means of which a valuable horse of the plaintiff was frightened and thereby killed. The accident happened on the 21st of June, 1847, on the Mohawk turnpike road, about a mile west of the village of Amsterdam, in the county of Montgomery. The declaration contained six counts.
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This was an action on the case, brought by the plaintiff against the defendants for negligence, by means of which a valuable horse of the plaintiff was frightened and thereby killed. The accident happened on the 21st of June, 1847, on the Mohawk turnpike road, about a mile west of the village of Amsterdam, in the county of Montgomery. The declaration contained six counts. In some of the counts it was alledged that the defendants were the proprietors of the Mohawk turnpike, and subject to the responsibilities, duties, liabilities, pains and penalties which appertained to the president and…
1Opinion of the Court
By the Court, Willard, J.
If the injury complained of was not the result of some wrongful act of the defendants, either of omission or commission, the present action can not be sustained. It was not wrongful for the defendants to propel their cars along their railroad by a steam engine, although steam, as a motive power, is not mentioned in the act of incorporation. Indeed, we know historically, that the act incorporating the defendants could not have been passed at the session of 1833, jf a steam engine had been in terms mentioned in the act ás the power by which the business of the company…
2Cases cited7 opinions
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- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
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- Abbott v. MillsSupreme Court of Vermont · 1831
- Cole v. FisherMassachusetts Supreme Judicial Court · 1814
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3Cited by12 opinions
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
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- Wasmer v. . Del., Lacka. and West'n R.R. Co.New York Court of Appeals · 1880
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Wasmer v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
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