Cash v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Stephen Cash, Jr., against the New York Central & Hudson River Railroad Company. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from trial term, New York county. Action by Stephen Cash, Jr., against the New York Central & Hudson River Railroad Company. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The action was brought to recover damages for personal injuries sustained by the plaintiff, a boy 6 years of age, through the alleged negligence of the defendant in the operation of a ferryboat plying between West Forty-Second street, in the city of New York, and Weehawken, in the state of New Jersey, on which the boy, his mother, and a sister about 3 years old were…
1Opinion of the CourtHatch, J.
We think that the evidence in this case was sufficient to establish the negligence of the defendant. There were no circumstances existing, either of wind or tide, which made the management of the boat difficult, and there existed no obstructions or extraneous conditions which prevented the boat from entering its slip in the usual manner. Therefore, when it appeared, as the evidence tends to show, that the boat was so managed in entering the slip as to make the impact with the rack much harder than was either usual or necessary, if .such act caused the injury of which complaint is made, a…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
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