Cleveland v. New Jersey Steam-Boat Co.
New York Supreme Court
Appeal from circuit court, Oneida county. Action by Charles Cleveland to recover for the alleged negligence of defendant, the New Jersey Steam-Boat Company, a common carrier of passengers, which occurred on the 8th of September, 1873, causing injuries to the plaintiff after he had become a passenger on one of the boats of defendant at the harbor in New York city, just as the boat was about to leave for the city of Albany.
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Appeal from circuit court, Oneida county. Action by Charles Cleveland to recover for the alleged negligence of defendant, the New Jersey Steam-Boat Company, a common carrier of passengers, which occurred on the 8th of September, 1873, causing injuries to the plaintiff after he had become a passenger on one of the boats of defendant at the harbor in New York city, just as the boat was about to leave for the city of Albany. Verdict for plaintiff for $3,000. The case has been much litigated, and the same is reported in 5 Hun, 523, 68 N. Y. 306, 89 N. Y. 627, and 7 N. Y. St. Rep. 529. This appeal…
1Opinion of the CourtHardin, P. J.
When the last appeal was before us, (7 N. Y. St. Rep. 598,) in the course of our opinion we said: “We are therefore of the opinion that it was a question of fact for the jury to determine whether the gangway gate had actually been placed within its sockets before the person referred to escaped from the boat, and before the rush of the passengers to the side in response to the exclamation, ‘ Man overboard 1 ’ and the difficulty which a person would encounter in lifting the gate out of its place. * * * The fact that it was taken out of the water unbroken bore quite significantly upon the…
2Cases cited9 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
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3Cited by2 opinions
- Murphy v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1890
- Leavitt v. DodgeNew York Supreme Court · 1891