31 N.J.L. 309 (N.J. 1865), Ackerson v. Erie Railway Co.

Citation:31 N.J.L. 309
Opinion Judge:BEASLEY, CHIEF JUSTICE. HAINES, J.
Party Name:WILLIAM W. ACKERSON v. THE ERIE RAILWAY COMPANY.
Attorney:For the plaintiff, A. B. Woodruff. For the defendants, I. W. Scudder.
Judge Panel:VREDENBURGH, J., concurred.
Court:Supreme Court of New Jersey
 
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Page 309

31 N.J.L. 309 (N.J. 1865)

WILLIAM W. ACKERSON

v.

THE ERIE RAILWAY COMPANY.

Supreme Court of New Jersey.

November Term, 1865

         1. An action will lie in this state for a tort to the person, committed in another state.

         2. The plaintiff was injured while riding in the cars on the railroad of the defendants, situate in New York, by the carelessness of defendants. Held, the action was well brought in this state.

         3. Such action is transitory, and the venue may be laid in the county in which the defendants were served with process.

         The plaintiff brought suit against the defendants for an injury sustained on their railroad.

         The declaration sets out in substance, that the defendants were owners and proprietors of the Erie Railway, and certain cars for the carriage and conveyance of passengers thereon from Dunkirk, in the state of New York, to Port Jervis, in the same state, for hire and reward to the said defendants in that behalf, to wit, Paterson, in the county of Passaic and state of New Jersey; that the defendants, on the 6th day of November, 1864, to wit, at Paterson aforesaid, at the special instance and request of defendants, was a passenger upon said cars, to be safely carried, & c., from Dunkirk to Port Jervis, for a certain reward; that the defendants did not use due care, but suffered one of the cars in which the plaintiff then was, to run off the track at Ballacoon, in the state of New York, to wit, at Paterson, aforesaid, whereby one of the collar bones of the plaintiff was broken, and other personal injuries received, & c., to his great damage, & c.

         To this declaration the defendants put in a general demurrer.

         For the plaintiff, A. B. Woodruff.

         For the defendants, I. W. Scudder.

         BEASLEY, CHIEF JUSTICE.

         This suit is in tort for an injury happening to the plaintiff from the carelessness of the defendants, while a passenger in their railroad cars. The declaration is in the usual form, and it has been answered by a demurrer. The point of this issue upon which a decision is sought is, whether the plaintiff, as he shows in his declaration, that the injuries received by him occurred in New York on the railroad of the defendants there situate, can sue on such cause of action in this state?

          As long ago as 1665, it was certified by the twelve judges, that for torts to the person and to personal property done out...

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