Legal Opinion

Cleveland v. New Jersey Steamboat Co.

New York Court of Appeals

Decided January 13, 1891PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made July 20, 1889, which affirmed a judgment in favor of plaintiff entered upon á verdict, and affirmed an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made July 20, 1889, which affirmed a judgment in favor of plaintiff entered upon á verdict, and affirmed an order denying a motion for a new trial. This action was brought against defendant, a corporation engaged in running a line of steamboats on the Hudson river between Hew York and Albany, to recover damages for injuries resulting from its alleged negligence in omitting to close the gang-way of a boat upon which plaintiff was a, .passenger. This case is reported on a…

1Opinion of the CourtPeckham, J.

This is the third time this case has been before us. On the former appeals the judgments for the plaintiff were reversed on the ground that no negligence' on the part of the defendant was proved. Subsequent to the last reversal a third trial was had at the Circuit and the plaintiff was nonsuited in obedience to what was supposed to have been the ruling of this court. That nonsuit was set aside on appeal to the General Term of the Supreme Court, and a fourth trial was had, resulting in the recovery of a judgment by the plaintiff, which has been affirmed by the General Term, and from that…

2Cases cited2 opinions

  1. Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
  2. Cleveland v. . New Jersey Steamboat Co.New York Court of Appeals · 1877

3Cited by17 opinions

  1. Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
  2. Payne v. City of New YorkNew York Court of Appeals · 1938
  3. Southern Railway Co. v. LefanSupreme Court of Alabama · 1915
  4. Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
  5. Gleason v. Hillcrest Golf Course, Inc.City of New York Municipal Court · 1933

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