Cleveland v. . New Jersey Steamboat Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 5 Hun, 523.) This action was brought against defendant as a common carrier of passengers to recover damages for injuries alleged to have been received by plaintiff while a passenger on one of its steamboats, through its negligence.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 5 Hun, 523.) This action was brought against defendant as a common carrier of passengers to recover damages for injuries alleged to have been received by plaintiff while a passenger on one of its steamboats, through its negligence. On September, 8, 18J3, plaintiff went on hoard of defendant’s steamboat St. John, then lying at the wharf in the city of New York, to take passage to Albany. As the boat…
1Opinion of the CourtFolger, J.
We do not think that the evidence will warrant us in holding as matter of law, that the plaintiff is chargeable with contributory negligence in taking his place inside the bulwarks, yet outside of the partition between the gangway and the main part of the boat. There is nothing to show that it was a position of such obvious or well known danger, as that an ordinarily prudent and cautious man would hesitate to remain standing there, at the moment of the starting of the boat, to take leave of friends on the wharf. The order or request from the mate for all passengers to step inside, was not…
2Cases cited5 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- Wyckoff v. . Queens County Ferry Co.New York Court of Appeals · 1873
3Cited by27 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- De Salvo v. Stanley-Mark-Strand Corp.New York Court of Appeals · 1939
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
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