Farrell v. Town of North Elba
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Ellen Farrell and another, as administrators, etc., of Patrick Farrell, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 20th day of May, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Essex Trial Term.
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Appeal by the plaintiffs, Ellen Farrell and another, as administrators, etc., of Patrick Farrell, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 20th day of May, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Essex Trial Term. Plaintiffs’ intestate was found dead in the west branch of Ausahle river about ten a. m., his feet being near, the shore, his stomach resting on a large stone in the water, his head and most of his body covered by the water, his legs…
1Opinion of the Court
Kellogg, J.:
There is an entire absence of proof as to how the deceased came in the water, or what'care be took, or how negligent he was. We are left entirely to conjecture as to the cause of his death, or his actions. The court held there was no evidence tending to show that he exercised due care.- It is difficult to see how a man as familiar with the place as he was could fall or get into the river there with the exercise of due care. He knew the situation and *146the danger; he knew it was dark, the narrowing of 'the road and the turn in the walk. In Peaslee v. Town of Chatham (69 Hun, 389), a…
2Cases cited2 opinions
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Peaslee v. Town of ChathamNew York Supreme Court · 1893