Blackwel v. Wiswall
New York Supreme Court
Demurrer to complaint. The plaintiff states that, in May, 1852, the defendant was duly licensed to run a skiff-ferry, for ferriage, from the city of Troy to West Troy, across the Hudson river, for the period of three years; and that, up to the 13th of October, 1854, he continued to hold said license, and to run said skiff-ferry, by Ms lessee, and by persons acting and ferrying under said license; and that, being such ferryman, John Maher was taken as a passenger, for…
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Demurrer to complaint. The plaintiff states that, in May, 1852, the defendant was duly licensed to run a skiff-ferry, for ferriage, from the city of Troy to West Troy, across the Hudson river, for the period of three years; and that, up to the 13th of October, 1854, he continued to hold said license, and to run said skiff-ferry, by Ms lessee, and by persons acting and ferrying under said license; and that, being such ferryman, John Maher was taken as a passenger, for ferriage, on board a skiff run at defendant’s said ferry, pursuant to said license; and that, owing to the overloading of the…
1Opinion of the Court
Harris, Justice.
The allegation in the complaint is, that Maher was drowned through the negligence and unskilfulness of the man rowing and having charge of the skiff.” Whose man he was does not appear. If it had been alleged that he was the agent or servant of the defendant, it would have *259been sufficient to sustain the complaint, upon the demurrer. It is alleged that the skiff was run at the defendant’s ferry, and pursuant to the defendant’s license. But this allegation is not sufficient to warrant the inference, that “ the man rowing and having charge of the skiff” was in the defendant’s…
2Cases cited1 opinion
- Heimstreet v. HowlandNew York Supreme Court · 1847
3Cited by1 opinion
- Mecabe v. JonesNew York Court of Common Pleas · 1881