require immediate amputation, and otherwise injured the said plaintiff, whereby he, the said plaintiff, has suffered and sustained great loss and damage, as well in the permanent mutilation of his person, as in the cost and expense to which he has been subjected, in his sickness, by reason of such wrongful act of the defendant. Wherefore the plaintiff demands judgment against the defendant, for the damages by him sustained, in the sum of $10,000, besides his costs. S. & V. S., Plaintiff's Attorneys. (No. 78.) Against a railroad company for injury to the person of a passenger, caused by the negligence of the company. SUPREME COURT-DUTCHESS COUNTY. William H. Gurney The Hudson River Railroad Company. The complaint of the plaintiff respectfully shows to the court: That the said Hudson River Railroad Company, defendants, are a body politic and corporate, under the name of the Hudson River Railroad Company, and before and at the time of the grievances hereafter mentioned were, and now are, owners and proprietors of a railroad, known and designated as the Hudson River Railroad, running from the city of New-York to the city of Albany, and of locomotive engines, and trains of cars moved and propelled by steam, by them used and employed in carrying and con veying passengers, for hire, on said Hudson River Railroad, from the city of New-York to the city of Albany, and to divers other places, on the line of said railroad, between the cities of New-York and Albany. And, being such owners and proprietors, the said defendants, on the 4th day of December, 1851, received him into a train of cars of said company, called the five o'clock train, running on said road, as a passenger therein from the city of New-York to the village of Poughkeepsie, in the county of Dutchess, for certain fare and reward so paid by him the said plaintiff, he the said plaintiff taking passage in said train of cars at the said city of New-York, to go and be conveyed to the said village of Poughkeepsie aforesaid. And by reason whereof the said defendants ought to and were bound to have conveyed the said plaintiff carefully, and in a careful manner, from the said city of New-York to the said village of Poughkeepsie.1 Yet the said defendants, not regarding their duty in this behalf, conducted themselves so carelessly, negligently and unskillfully in this behalf, that, by and through the carlessness, negligence, unskillfulness and default of themselves, their servants, conductors and agents having charge of and conducting the several trains of cars running upon said road, and for want of due care and attention to their duty in that behalf, a locomotive engine, to which a train of cars was attached, belonging to and in the employment of said company, and running upon said road, in charge of and conducted by the agents, servants and conductors of said company, called the five and a half o'clock train, and running upon said road in the same direction with the train in which plaintiff was a passenger, came in collision with and run 1 This allegation is a mere legal conclusion, and is entirely superfluous. (See ante, p. 473, and note.) into the said train of cars, and into the car in which plaintiff was then sitting, and the said car was thereby, and in consequence thereof, broken and destroyed, and the said plaintiff, by said collision, violently thrown out of said car, badly wounded and injured, and put in imminent danger of his life; and said plaintiff was for a long time confined and unable to attend to his ordinary business, was obliged to and did pay large sums of money for doctoring and attendance, and has sustained permanent and incurable injuries, which do and will cripple him for life. Wherefore the plaintiff demands judgment against the defendants for $5,000 damages, besides costs. WM. ENO, Plaintiff's Attorney. (No. 79.) Another form, for injury to passengers by negligence, alleging incompetency of engineer, to the knowledge of the company. SUPERIOR COURT-CITY OF NEW-YORK. John Russell The Hudson River Railroad Co. The complaint of the abovenamed plaintiff respectfully shows unto this court: That on or about the 20th day of December last, the abovenamed defendants were, and for some time previous thereto were, and ever since have been, a body politic and corporate, having become so by an act of the Legislature of this State, passed on the 12th day of May, in the year 1846, and entitled "An act to authorize the Construction of a Railroad from New-York to Albany," for the purpose of running and drawing, or propelling, cars and locomotive engines, and carrying passengers therein, and in other general business of a railroad, over and upon the railroad owned by them, and known as "The Hudson River Railroad," from New-York aforesaid to Albany aforesaid, and from and to other places on the line of said railroad;1 and they undertook the duty of carrying such passengers safely from and to such places on such line of railroad. And plaintiff further shows, that on the said 20th day of December last, the said defendants, being engaged in their said business, and in running cars and locomotive engines as aforesaid, received this plaintiff on board of a train of cars belonging to them, and being at that time propelled or drawn on their track by a locomotive engine, for the purpose of conveying him from at or about a place on the line of their said road called Tubby Hook to NewYork aforesaid; and that while this plaintiff was on the said train as aforesaid, the said defendants, disregarding their said duty, so carelessly and negligently, by their servants, agents and workmen, conducted, managed and propelled the said train, and the steam engine thereto attached, while the same was proceeding at a very dangerous rate of speed and on curve rails, and while the said plaintiff was on said train of cars, or one of them, that the said train and engine were precipitated off the said road into a stream of water, below the level of said road, called Spuyten Duyvil creek. 1 Instead of the foregoing, it is usual, and no doubt sufficient, to allege, generally, that the defendant is a railroad corporation, duly incorporated under the laws of this state; and, sometimes indeed, even this allegation is not inserted. (See such a precedent, post, No. 81, 512.) The defendant's occupation as a common carrier, however, should be alleged. That the locomotive engine attached to said train of cars, at the time of the aforesaid precipitation, was under the charge of one John Kelly, as engineer, who had not the requisite skill to manage and control said locomotive engine and train of cars, of which plaintiff is informed and believes the said defendants, previously to such accident, had notice, and who was also of an imprudent and rash disposition and habit, exhibited in conducting said cars and engine, of which plaintiff is informed and believes the said defendants also previously to said accident had notice, and such unskillfulness and rashness of said John Kelly caused such precipitation of said cars and engine off said railroad and track. That by reason of such carelessness and negligent precipitation of said train, so as aforesaid caused by said defendants and their servants, plaintiff was thrown between two cars of said train, and very greatly injured in his body, limbs and health, by striking against hard substances, or having heavy articles thrown upon him by the shock, so that he became sick, and languished in sickness for a long time by reason of such injuries, and was confined to his home thereby for a long time, and was thereby deprived of great gains, which he might otherwise have made, and was compelled to pay divers large sums of money, and incurred large expenses for medicines and medical advice and nursing, in and about the curing and healing of such injuries; and that by reason of such injuries, he has been permanently injured in strength and health, so as not to be able to be engaged in any employment requiring his former strength. Wherefore the plaintiff demands judgment against the said defendants for the sum of $5,000, with his costs and expenses of suit. JOHN T. EMMET, Plaintiff's Attorney. |