Laubheim v. De Koninglyke Nederlandsche Stoomboot Maatschappy
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made March 5, 1885, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial. (Reported below, 19 J. & S. 467.) This action was brought to recover damages for in jmies caused by alleged negligence.
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Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made March 5, 1885, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial. (Reported below, 19 J. & S. 467.) This action was brought to recover damages for in jmies caused by alleged negligence. The plaintiff, in August, 1885, was a steerage passenger on one of the steamships belonging to defendant, plyingbetweenRotterdam and Yew York. When at sea she fell on the deck of the vessel and fractured the knee-cap of one knee. She was taken…
1Opinion of the CourtFinch, J.
It is not necessary in this case to determine whether, at the date of the accident to the plaintiff, thesteam- • ship company owed a duty to its passengers to provide a surgeon for their care and safety in the emergency of sickness or accident, or whether having voluntarily assumed that duty its "position became identical with that of a carrier bound by law to furnish such an officer, since either proposition may be ' granted without involving error in the judgment rendered.
If, by law or by choice, the defendant was bound to provide a sm*geon for its ships, its duty to the passengers was to…
2Cases cited2 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
3Cited by49 opinions
- De Zon v. American President Lines, Ltd.Supreme Court of the United States · 1943
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Florence L. Barbetta, and James D. Barbetta v. S/s Bermuda Star, in Rem, Her Engines, Tackle, and MacHinery Etc.Court of Appeals for the Fifth Circuit · 1988
- O'Brien v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
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