Meisle v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment, entered June 18, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The accident upon which this action is predicated could have been foreseen by the exercise of reasonable prudence and foresight.
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Appeal from a judgment, entered June 18, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The accident upon which this action is predicated could have been foreseen by the exercise of reasonable prudence and foresight. (Dorr v. Lehigh Valley R. Co., 152 App. Div. 342; Brown v. N. Y. C. R. R. Co., 34 N. Y. 404; Bartlett v. Third Avenue R. R. Co., 45…
1Opinion of the CourtPound, J.
On Yovember 26, 1911, plaintiff’s intestate, Frank Meisle, was a passenger on defendant’s steam ferry boat from Weehawken to West Forty-second street. A portion of the boat called the “horse runway ” was set apart for vehicles, the foremost of which were placed about seventy feet from the bow. Passengers used the forward part of the boat in front of the vehicles. At each end of the boat were gates, three feet high, made of iron bars bolted together. Back of these were two chains to be stretched across the width of the ferry boat and hooked to posts. When properly in place they swung fifteen…
2Cases cited6 opinions
- Munsey v. WebbSupreme Court of the United States · 1913
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
- Condran v. . Park TilfordNew York Court of Appeals · 1915
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3Cited by4 opinions
- Strobel v. ParkSupreme Court of Pennsylvania · 1927
- Shepard v. ReedCourt of Appeals for the Sixth Circuit · 1928
- McLain v. EasleyWashington Supreme Court · 1928
- Giroux v. StateNew York Court of Claims · 1948