Birch v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 4, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 4, 1907, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to show any negligence or other failure of duty toward the intestate on the part of the defendant, and the order of the Appellate Division, reversing the judgment entered upon the nonsuit at Trial Term, was, therefore,…
1Opinion of the CourtWerner, J.
This action was brought to recover damages for the death of plaintiff’s intestate, which is alleged to have been caused by the negligence of the defendant. The record discloses that on the 26th day of July, 1903, the intestate, a lad of about seventeen years of age, was one of a pleasure party who went for a sail on the tugboat of one Captain Wilson. The party embarked in rowboats at the shore in the vicinity of Ninety-fifth street in the borough of Brooklyn, and proceeded to the tug which was anchored at some distance out in the East river. After a sail of several hours’ duration the party…
2Cases cited6 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
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3Cited by36 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
- Mendelowitz v. NeisnerNew York Court of Appeals · 1932
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Beard v. KlusmeierCourt of Appeals of Kentucky · 1914
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