Osborn v. Union Ferry Co.
New York Supreme Court
rnHIS action was brought to recover damages for an JL injury sustained by the plaintiff in consequence of alleged misconduct of the defendants. The plaintiff, together with his wife, and other members of his family, on the 18th of February, 1863, about seven o’clock in the evening, crossed from Brooklyn to Hew York on one of the defendants’ ferry boats.
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rnHIS action was brought to recover damages for an JL injury sustained by the plaintiff in consequence of alleged misconduct of the defendants. The plaintiff, together with his wife, and other members of his family, on the 18th of February, 1863, about seven o’clock in the evening, crossed from Brooklyn to Hew York on one of the defendants’ ferry boats. After crossing, he passed out of the ferry-house in the regular way for passengers, to get to an omnibus at the foot of Fulton street, Hew York. The night being dark, and no lamp being in the street, or on the premises of the defendant, to…
1Opinion of the Court
By the Court, ClÉrke, P. J.
I. Unless the defendant was relieved from responsibility by the contract with the Architectural Iron Works Company, assuming for the present that the question of negligence is involved in this case, I am inclined to the opinion that it was guilty of negligence in not having light in some place on its premises, near enough to protect passengers coming out of the gate. A light could have been placed, without difficulty, on some part of the premises, to enable passengers to avoid any obstruction placed by them so near the exit for passengers, that without such a light…
2Cases cited2 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Congreve v. . SmithNew York Court of Appeals · 1858
3Cited by6 opinions
- Vogel v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Costello v. StateSupreme Court of Alabama · 1895
- Stewart v. International & G. N. R. R. Co.Texas Supreme Court · 1880
- Strickland v. StateNew York Court of Claims · 1958
- Anderson v. YoungNew York Supreme Court · 1892
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