Fitzpatrick v. Garrison & West Point Ferry Co.
New York Supreme Court
Appeal from circuit court, Orange county. Action by Joseph H. Fitzpatrick, by John Reilly, his guardian ad litem, against the Garrison & West Point Ferry Company, for an injury received by plaintiff while standing on a dock watching defendant land passengers from its ferry-boat, by means of machinery.
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Appeal from circuit court, Orange county. Action by Joseph H. Fitzpatrick, by John Reilly, his guardian ad litem, against the Garrison & West Point Ferry Company, for an injury received by plaintiff while standing on a dock watching defendant land passengers from its ferry-boat, by means of machinery. Rods, which formed part of such machinery, were pulled out of place by reason of planks, with which they were connected, having become rotten, whereby a heavy weight fell on plaintiff, and broke his leg. Verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtPratt, J.
The accident under consideration occurred at a place which was open to the general public, which they had been long accustomed to use, and into which they were impliedly invited to enter. They had therefore a right to assume that no traps existed that would make such entry dangerous. The appellant claims that as the plaintiff came upon the premises solely to gratify his curiosity, and was at most but a licensee, the defendant owed him no duty of active vigilance. But defendant must be held to have contemplated the natural consequences of its acts. It carried on an occupation which would…
2Cited by1 opinion
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