Ryall v. Kennedy
The Superior Court of New York City
Appeal from a judgment dismissing the complaint. The plaintiff sues as administrator of his son, an infant, aged four years and nine months at the time of his death, to recover, under the statutes of 1847, chap. 450, and 1849, chap. 256, for the pecuniary injuries suffered by the next of kin of the deceased, by reason of his death. The plaintiff left London, England, in July, 1870, and since the 27th of that month has resided in the city of ¡New York.
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Appeal from a judgment dismissing the complaint. The plaintiff sues as administrator of his son, an infant, aged four years and nine months at the time of his death, to recover, under the statutes of 1847, chap. 450, and 1849, chap. 256, for the pecuniary injuries suffered by the next of kin of the deceased, by reason of his death. The plaintiff left London, England, in July, 1870, and since the 27th of that month has resided in the city of ¡New York. On March 2,1871, his wife and his two .children, one being the deceased, and the other aged three months, sailed in the steamship City of…
1Opinion of the Court
By the Court.—Curtis, J.
The defendant testifies that he was the master of the vessel, and that his interest in her was to navigate her safely, and look after the safety of the passengers. The law imposes these duties upon him, and the duties of the stewards are, as his subordinates, to care for the comfort, nourishment, and welfare of the passengers. It is their immediate office to attend to the wholesomeness and ■cleanliness of the quarters, and of the food and of the «dishes in which it is served to the passengers. It is objected that the nature of the steward’s duties is not in proof, but…
2Cases cited5 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Crawford v. WilsonNew York Supreme Court · 1848
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Denison v. SeymourNew York Supreme Court · 1832