New York Court of Appeals

Bowen v. . the New York Central Railroad Company

December 5, 185818 N.Y. 408

Summary

The Court of Appeals affirmed the judgment, holding that a passenger carrier is presumed negligent for injuries to its passengers and that this presumption can be rebutted only by showing the accident resulted from circumstances beyond human prudence and foresight. The carrier must exercise the utmost care and prudence before an accident occurs.