Legal Opinion

Browning v. Erie Railroad

New York Supreme Court

Decided January 15, 1910PublishedCited by 1 opinion

Demurrer to complaint in action to recover for personal in j uries.

1Opinion of the CourtWhitest, J.

The complaint alleges that the defendant operated, managed and controlled a lighter which was moored • to a pier in the Horth river; that it was in charge of a captain, who was under defendant’s management, control and direction in the'discharge of his duties to defendant; that plaintiff, an infant, “ with other small girls, companions,” we'-’e on the pier and were invited aboard by the captain and told that they might play on the boat; that, pursuant to the invitation, and ignorant of the danger, they began to play “ follow master ” by climbing up a perpendicular wooden ladder; that, “ while…

2Cases cited7 opinions

  1. Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
  2. Quinn v. . PowerNew York Court of Appeals · 1882
  3. Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
  4. Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  5. Morris v. . BrownNew York Court of Appeals · 1888

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3Cited by1 opinion

  1. Adams v. TozerAppellate Division of the Supreme Court of the State of New York · 1914

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