Fogassi v. New York Cent. & H. R. Railroad
New York Court of Common Pleas
Appeal from city court, general term. Two actions by Marie Fogassi against the New York Central & Hudson River Railroad Company.
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Appeal from city court, general term. Two actions by Marie Fogassi against the New York Central & Hudson River Railroad Company. The actions were consolidated, and tried together. • One action was brought to recover damages for personal injuries to the plaintiff, alleged to have been received by falling from the ferryboat Kingston into the Hudson river at the Franklin street landing of the West Shore Railroad, in New York City, on the evening of the 21st day of July, 1893. The other was brought to recover damages for the loss of property consisting of personal effects, such as jewels, books,…
1Opinion of the CourtBookstayer, J.
Plaintiff, a passenger upon defendant’s ferryboat, sustained injuries to her person, and to property contained in a hand bag, when in the act of passing from such boat to its land*117ing place, by reason of the presence of an interval of space by the side of the gang plank connecting the boat with the landing, through which hole she fell. The recovery by the plaintiff in the court below is assailed upon this appeal, and, in our view, justly. The evidence given in support of the cause of action shows that plaintiff’s husband preceded her, in leaving the boat and proceeding over the gang plank,…
2Cited by2 opinions
- Fox v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
- Fogassi v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1897