Blackwell v. Wiswall
New York Supreme Court
DEMURRER to complaint. The plaintiff stated 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 his 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 stated 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 his 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 hoard a skiff run at defendant's said ferry pursuant to said license, and that, owing to the overloading of the…
1Opinion of the CourtHarris, J.
The allegation in the complaint is, that Maher was drowned through the negligence and unskillfulness 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 been sufficient to sustain the complaint, upon 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 employ. On the…
2Cited by9 opinions
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Ohio & Mississippi Railroad v. DavisIndiana Supreme Court · 1864
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1877
- Indianapolis & Madison Railroad v. SolomonIndiana Supreme Court · 1864
- Fay v. DavidsonSupreme Court of Minnesota · 1868
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