New York Court of Appeals

Nolton Against Western Railroad Corporation.

June 5, 185715 N.Y. 444

Summary

The New York Court of Appeals affirmed the lower court's dismissal, holding that the plaintiff could not rely on the contract between the railroad and the government, that no implied contract existed, that the railroad was not a common carrier for passengers under the special rule, and that the plaintiff may nevertheless maintain a negligence action based on a general duty of care.