CLEGHORN V. NEW YORK CENTRAL & H. RIVER RY. CO.
56 N.Y. 44 (1874)
NATURE OF THE CASE: New York (D) appealed the decision affirming a judgment in favor of
Cleghorn (P) and affirming an order denying D's motion for a new trial in an action to
recover for injuries alleged to have been caused by D's negligence.
FACTS: An accident was caused by the carelessness of the switchman, in neglecting to
close the switch after the stock train had passed on to the side track, and in giving a
false signal to the approaching passenger train, that the track was all right. Cleghorn (P)
was injured in a train collision which occurred because of the negligence of the railroad's
(D) switchman. It was proved that the flagman neglected to give the customary signal, and
was intoxicated at the time. At trial, P offered evidence of the switchman's intemperance.
The court admitted it over D's objection. D appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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