New York Court of Appeals

Osmer Hulbert v. the New York Central Railroad Company, Appellant

January 14, 186940 N.Y. 145

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the jury could determine whether the plaintiff was negligent in leaving the train and whether the railroad was negligent in leaving a dangerous excavation near the station, and that the railroad owed a duty to keep the ground adjacent to its cars safe for passengers even at remote water‑tank stops.