Smith v. British & North American Royal Mail Steam Packet Co.
New York Court of Appeals
Appeal from 'judgment of the General Term of the Supreme Court of the city of New York, entered upon an order made the first Monday of March, 1880, which affirmed a judgment in favor of, plaintiff, entered upon a verdict and affirmed an order denying a new trial. This action was brought to recover damages for injuries alleged to have been occasioned by plaintiff’s negligence.
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Appeal from 'judgment of the General Term of the Supreme Court of the city of New York, entered upon an order made the first Monday of March, 1880, which affirmed a judgment in favor of, plaintiff, entered upon a verdict and affirmed an order denying a new trial. This action was brought to recover damages for injuries alleged to have been occasioned by plaintiff’s negligence. Plaintiff took passage on one of defendant’s steamships from Liverpool to New York as a steerage passenger. She occupied a lower berth in a section built in two tiers or platforms. In the night time the upper tier of…
1Opinion of the CourtMiller, J.
The injury for which the plaintiff sought to recover damages in this action originated from the falling of the upper section of the berths of the ship, directly over the one occupied by her, in consequence of which it became necessary to remove her for the purpose of repairing the berths, and the plaintiff was injured after such removal. The defendant was bound to use ordinary care and skill in the construction and erection of the berths in the ship, and to use materials of sufficient strength and so far as practicable such as would be safe and secure against the commotion of the elements,…
2Cases cited1 opinion
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
3Cited by4 opinions
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Compagnie Générale Transatlantique v. BumpCourt of Appeals for the Second Circuit · 1916
- Buckley v. Hudson Valley Railway Co.New York Court of Appeals · 1914
- Guy v. New York, Ontario & Western RailroadNew York Supreme Court · 1883