Delafield v. Union Ferry Co.
The Superior Court of New York City
Appeal by the defendants from a judgment in favor of the plaintiffs, entered on a verdict recovered on a trial of the cause before Ch. J. Bosworth and a Jury, on the 9th and 10th days of June, 1862; and from an order denying a new brial. ' The plaintiffs, Rufus K. Delafield and George Baxter, sued to recover damages done to their canal boat, which was run into by a ferry boat of the defendants, in the port of Hew York, in January, 1857. The canal boat had been taking in a…
Read the full summary
Appeal by the defendants from a judgment in favor of the plaintiffs, entered on a verdict recovered on a trial of the cause before Ch. J. Bosworth and a Jury, on the 9th and 10th days of June, 1862; and from an order denying a new brial. ' The plaintiffs, Rufus K. Delafield and George Baxter, sued to recover damages done to their canal boat, which was run into by a ferry boat of the defendants, in the port of Hew York, in January, 1857. The canal boat had been taking in a cargo at the end of the pier on the southerly side of the defendants’ ferry slip. She had completed loading at the close…
1Opinion of the Court
By the Court—Moncrief, J.
The law, it is conceded by the learned counsel for the respective parties, is well settled that in an action like the present, claiming damages for injuries received, as .alleged, by the negligence, &c., of a defendant, it must appear that the result complained of. was not in the slightest degree occasioned or contributed toward by the complainant. If it be true that in any degree both parties concurred in the want of care, it must necessarily follow that the accident cannot justly be said to have arisen from the negligence of one or the other solely, and of. course…
2Cases cited2 opinions
- Ernst v. Hudson River RailroadNew York Court of Appeals · 1862
- Brown v. BradshawThe Superior Court of New York City · 1852
3Cited by1 opinion
- Senter v. Wisconsin Lumber Co.Supreme Court of Missouri · 1914