Boylan v. Brown
New York Supreme Court
Appeal from special term, Kings county. Action by Patrick S. Boylan, assignee of Thomas Shevlin, against Charles A. Brown and another to recover damages for the loss of a horse and cart caused by a fall from defendants’ dumping dock, which was insufficiently provided with means to prevent dumping carts from going over; the string-piece intended for that purpose having been worn down so low as to be no longer safe. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtPratt, J.
The point made by the defendants, that, “the alleged defect in the construction and condition of the dump being patent and discoverable upon supervisual inspection, the plaintiff’s assignor had the same means of knowledge in regard to it as the defendants; and if it was negligence on the part of the defendants to provide such an appliance for use of the plaintiff’s assignor in unloading the horse and cart, it was also negligence on the part *649of plaintiff’s assignor to drive the horse and cart on such dump, ”—is good law, and decisive of this appeal. Marsh v. Chickering, 101 N. Y. 396, 5 N. E.…
2Cases cited5 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Splittorf v. . State of New YorkNew York Court of Appeals · 1888
- McGrath v. WalshNew York Court of Common Pleas · 1889
- McQuigan v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1890