Brockett v. New Jersey Steam-Boat Co.
U.S. Circuit Court for the District of Northern New York
This action was tried at the last January circuit, and resulted in a verdict of $5,500 for the plaintiff. The plaintiff was a deck passenger on one of the defendant’s boats from Albany to New York. Ho was asleep on the freight, abaft the shaft, at a point where the rules did not permit him to be. He was pulled from this position by the company’s watchman, and in falling received very serious injuries.
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This action was tried at the last January circuit, and resulted in a verdict of $5,500 for the plaintiff. The plaintiff was a deck passenger on one of the defendant’s boats from Albany to New York. Ho was asleep on the freight, abaft the shaft, at a point where the rules did not permit him to be. He was pulled from this position by the company’s watchman, and in falling received very serious injuries. The question submitted to the jury was whether more force than was necessary was used in removing him. The plaintiff and the watchman, Thiel, were the principal witnesses. Their versions of the…
1Opinion of the CourtCoxe, J.
For reasons stated at the argument the court would not have been justified in directing a verdict for the defendant. There was, upon the main issue, a disputed question of fact, which could not properly have been withdrawn from the consideration of the jury. The questions objected to, affecting the character of the witness Thiel, were, I think, proper on cross-examination. Real v. People, 42 N. Y. 270. Criticism is made that the declarations of the assistant mate were incompetent. That part of the testimony, however’, to which the attention of the court is particularly directed as being…
2Cases cited5 opinions
- Real v. . the PeopleNew York Court of Appeals · 1870
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Gawtry v. . DoaneNew York Court of Appeals · 1872
- Curtis v. Avon, Geneseo & Mount Morris RailroadNew York Supreme Court · 1867
- Bolles v. DuffNew York Court of Appeals · 1870
3Cited by2 opinions
- Farmers' & Traders' Nat. Bank of Covington v. GreeneCourt of Appeals for the Sixth Circuit · 1896
- Coy v. D. H. Dean & Marblehead Lime Co.Missouri Court of Appeals · 1928