Snelling v. Brooklyn & New York Ferry Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by Joseph Snelling against the Brooklyn & New York Ferry Company. Plaintiff was a passenger on defendant’s boat, and while the boat was attempting to enter its slip it struck against the side thereof. After the boat struck, plaintiff rose from his seat, when it again struck the slip, causing him to fall, and break his leg, which was the injury sued for.
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Appeal from circuit court, Kings county. Action by Joseph Snelling against the Brooklyn & New York Ferry Company. Plaintiff was a passenger on defendant’s boat, and while the boat was attempting to enter its slip it struck against the side thereof. After the boat struck, plaintiff rose from his seat, when it again struck the slip, causing him to fall, and break his leg, which was the injury sued for. Judgment was entered on a verdict for plaintiff for $4,212.50, and defendant appeals.
1Opinion of the CourtPratt, J.
The case presents but two questions,—whether plaintiff was guilty of contributory negligence, and whether there was sufficient evidence of defendant’s negligence to carry the case to the jury. We find no controlling evidence of contributory negligence. The fact that plaintiff did not keep his seat till the boat was safely moored to the dock cannot be regarded as such evidence of negligence as to take the case from the jury. Their verdict in plaintiff’s favor cannot be interfered with. We think there was some evidence of defendant’s negligence. The witnesses testified that the trip was a quiet…
2Cited by3 opinions
- Cash v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Cash v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Race v. Union Ferry Co.New York City Court · 1892