Mark v. . Hudson River Bridge Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 10, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiffs’ steam ferry-boat alleged to have been caused-by defendant’s negligence. The boat was running across the Hudson between Troy and West Troy.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 10, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiffs’ steam ferry-boat alleged to have been caused-by defendant’s negligence. The boat was running across the Hudson between Troy and West Troy. On April 8, 1872, in making a regular trip it was caught by floating ice in the river and carried down against…
1Opinion of the CourtRapallo, J.
The first point made by the appellant on this appeal is that the trial court erred in refusing to direct the jury that the plaintiffs, upon the evidence in the case, were not entitled to any recovery against the defendant.
The injury done to the plaintiffs’ boat by coming in contact with the defendant’s bridge was not shown to have been occasioned by any fault of the defendant, and whether it was owing to any fault on the part of the plaintiffs was, upon the evidence, a fair question for the jury. That question was material, however, only with respect to the defendant’s counter-claim, for if,…
2Cases cited2 opinions
- Hicks v. . DornNew York Court of Appeals · 1870
- Storer v. GowenSupreme Judicial Court of Maine · 1841
3Cited by18 opinions
- Potter v. GilmoreMassachusetts Supreme Judicial Court · 1933
- Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1904
- Jenkins v. Pennsylvania RailroadSupreme Court of New Jersey · 1902
- Owens v. Navarro County Levee Improvement Dist. No. 8Court of Appeals of Texas · 1925
- Ansley v. Tarrant County Water Control & Improvement District No. OneCourt of Appeals of Texas · 1973
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