Norton v. E. Wiswall
New York Supreme Court
THIS action was brought to recover damages, under the act of 1847, on account of a death caused hy the wrongful act, neglect or default of the defendant’s testator.
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THIS action was brought to recover damages, under the act of 1847, on account of a death caused hy the wrongful act, neglect or default of the defendant’s testator. (Laws of 1847, ch. 450.) The cause was tried at the Rensselaer circuit, in June 1856, before Mr. Justice Gould and a jury, and a verdict was given for the plaintiff for $3000. The death occurred hy the swamping or upsetting of a skiff boat on the 13th of October, 1854, on its passage across the side cut ferry from Troy to. West Troy, rowed by a Canadian of the name of Yeppo or Yippo, who was in the employ of Robert Morrison, the…
1Opinion of the CourtHogeboom, J.
This case presents, distinctly, the specific question whether a party who had from the public authorities a license to run a ferry, and had leased the same to another party for a definite period, who was conducting the same independently of the lessor, by his own men and means, is liable for a death caused during that period, by the wrongful act or negligence of a servant of the lessee. I think the principle is well settled on authority^ that he is not so liable; but as the contrary is strenuously maintained by the learned counsel for the plaintiff, and as the principle itself is of large…
2Cases cited6 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Heimstreet v. HowlandNew York Supreme Court · 1847
- Congreve v. MorganThe Superior Court of New York City · 1856
- Felton v. DeallSupreme Court of Vermont · 1850
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3Cited by16 opinions
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Ohio & Mississippi Railroad v. DavisIndiana Supreme Court · 1864
- Gilliland v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
- Wendell v. Mayor of TroyNew York Supreme Court · 1862
11 more not listed; retrieve them via the Exa API.