Stodder v. New England Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William F. Stodder, from a judgment of the Municipal Court of the city of New York in favor of the defendant, entered upon an order of said court vacating and setting aside the verdict of a jury, rendered in favor of the plaintiff on the 7th day of January, 1909, upon the trial of the action, and also from such order.
1Opinion of the Court
Rich, J.:
The action was brought to recover damages alleged to have been sustained through the negligence of the defendant as a common carrier of passengers. The plaintiff was a passenger upon a steamboat owned and operated by the defendant, tie was injured by falling over an unguarded hatch on the unlighted forward deck of the vessel. The evidence was sufficient to make the issue of defendant’s negligence and plaintiff’s freedom from negligence contributing to his injury questions of fact for the jury. At the close of the evidence counsel for the defendant moved to dismiss the complaint upon…
2Cases cited1 opinion
- Dixon v. CarrucciNew York Supreme Court · 1907
3Cited by4 opinions
- Arker v. CohenAppellate Division of the Supreme Court of the State of New York · 1910
- Conolly v. JollyAppellate Terms of the Supreme Court of New York · 1914
- Madison Avenue Realty Corp. v. ImbriciCity of New York Municipal Court · 1950
- Arker v. CohenAppellate Division of the Supreme Court of the State of New York · 1910