Fogassi v. New York Central & Hudson River Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an affirmance by the General Term of the City Court of a judgment in plaintiff’s favor, entered upon a verdict for $2,000 damages. The action was to recover for personal injuries and loss of property, 'sustained by the plaintiff in falling from the ferry boat Kingston, into the Hudson river at the Franklin street ferry landing of the West Shore railroad in New York city, on the evening of July 21, 1893.
1Opinion of the Court
Halt, P' J.
The plaintiff, with her husband and daughter, were passengers on the West Shore railroad, operated by the defendant, and were transported across the Hudson .river in á ferry boat, landing at the foot of Franklin street, about, nine o’clock at night. The passengers had to leave the boat by means of a plank laid, from the boat to the dock, across a gap or opening about two feet in width, between the boat and the dock or bridge. Into this opening the plaintiff fell, and the question is whether such fall was due in any degree to her neglect of ordinary precautions while attempting to…
2Cases cited3 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Fogassi v. New York Cent. & H. R. RailroadNew York Court of Common Pleas · 1895
- Fox v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Baumann v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1897