Lambert v. . Staten Island R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the death of Charles Lambert, plaintiff’s intestate, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for the death of Charles Lambert, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. On the evening of September 9th, 1874, said Lambert and one Charles Thompson started on a fishing excursion down New York bay; they were in a small undecked sail-boat; on arriving at a point off the north-westerly point of Governor’s Island, from 100 to 250 yards distant from it,…
1Opinion of the CourtAndrews, J.
The evidence was sufficient to authorize, the submission to the jury of the question of the negligence of the persons in charge of the Middletoim. There was much conflict in the testimony as to the position of the light on the sail-boat and as to the point whether it could have been seen from the Middletown in time to have avoided the collision, and also as to the speed of the ferry-boat. It was. the province of the jury to determine the disputed questions of fact, and to pass upon the credibility of the witnesses. The evidence, on the part of the plaintiff, tended to show that the Middletown…
2Cases cited3 opinions
- Hoffman v. . Union F. Co. of BrooklynNew York Court of Appeals · 1872
- Farmers' Delight v. LawrenceNew York Supreme Court · 1830
- The Marcia TribouDistrict Court, D. Massachusetts · 1858
3Cited by9 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Henry E. Fox Construction Co. v. Dailey's Towing Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Cole v. KellyNew York Marine Court · 1883
- Cullinan v. FurthmannAppellate Division of the Supreme Court of the State of New York · 1905
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