Legal Opinion

Barker v. Cunard S. S. Co.

New York Supreme Court

Decided December 18, 1895PublishedCited by 15 opinions

Appeal from circuit court, New York county. Action by George Barker against the Cunard Steamship Company, Limited. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals.

1Opinion of the CourtFollett, J.

This action was begun December 12, 1890, by a passenger against a common carrier, to recover damages claimed to have been sustained by the alleged negligence of the defendant. September 23,1890, the plaintiff took a second-cabin passage from Liverpool on defendant’s boat Gallia for New York, at which port the ship arrived October 4th. It is alleged that a defective port, which was a few inches above the plaintiff’s berth, admitted such quantities of water that he was constantly wet, and thereby contracted pneumonia, which resulted in the permanent impairment of his health. The question lying…

2Cases cited13 opinions

  1. Ball v. State of New YorkNew York Court of Appeals · 1977
  2. Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
  3. Beaver v. TaylorSupreme Court of the United States · 1876
  4. Mills v. MartinNew York Supreme Court · 1821
  5. Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874

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3Cited by15 opinions

  1. In Re the Estate of MalloyNew York Court of Appeals · 1938
  2. Citizens Street Railroad v. ShepherdIndiana Court of Appeals · 1902
  3. In re CaffreyAppellate Division of the Supreme Court of the State of New York · 1900
  4. In re Probate of a Paper Propounded as the Last Will and Testament of PrestonAppellate Division of the Supreme Court of the State of New York · 1906
  5. O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899

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