Swords v. Edgar
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 1 N. Y. S. C. [T. & C.], Ad., 23.) This was an action to recover damages for the alleged negligence of defendants, causing the death of Owen Swords, plaintiff’s intestate. Defendants were the owners of the south half of pier nlumber eleven, in the city of New York.
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Appeal from judgment of the General Term of the Supreme Court, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 1 N. Y. S. C. [T. & C.], Ad., 23.) This was an action to recover damages for the alleged negligence of defendants, causing the death of Owen Swords, plaintiff’s intestate. Defendants were the owners of the south half of pier nlumber eleven, in the city of New York. On the 9th of-July, 1866, while the deceased, who was a longshoreman, was assisting in discharging a cargo of iron from a steamer upon the south side of this pier, it fell and he…
1Opinion of the CourtFolger, J.
The defendants in this action were the owners of the half of the pier, upon which the accident befell, by which the injury was done to the plaintiff’s intestate. They were not then in the actual occupation of it. They had leased it to others for a rent resérved to themselves. Their lessees were in the actual use and occupation of it. They had taken a covenant from their lessees to keep the pier and bulkhead in order and repair at their own cost. It is established by the verdict of the jury, under the charge of the court, that the pier was in a defective condition on the 1st day of May, 1865.…
2Cases cited11 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- House v. MetcalfSupreme Court of Connecticut · 1858
- Waggoner v. JermaineNew York Supreme Court · 1846
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Bellows v. SackettNew York Supreme Court · 1853
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