Cleghorn v. N.Y. Cent. & Hudson River R.R. Co.

56 N.Y. 44 (1874)

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Cleghorn v. N.Y. Cent. & Hudson River R.R. Co.

Court of Appeals of New York
56 N.Y. 44 (1874)

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Facts

Hartman, a railroad switchman working for New York Central & H. River Ry. Co. (NY Central) (defendants), caused an accident by failing to close a switch before giving a signal to an oncoming train that the track was ready for use. Cleghorn (plaintiff) brought suit for negligence and sought to prove not only that Hartman was drunk at the time of the accident, but that he was a man of “intemperate habits,” and that those habits were known by NY Central who had the power to fire him.

Rule of Law

Issue

Holding and Reasoning (Church, C.J.)

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