Loftus v. . Union Ferry Company of Brooklyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 14, 1880, which reversed an order denying a motion for a new trial and granted a new trial. (Reported below, 22 Hun, 33.) This action was brought to recover damages for alleged negligence causing the death of James M. Loitus, plaintiffs intestate. The facts are set forth sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 14, 1880, which reversed an order denying a motion for a new trial and granted a new trial. (Reported below, 22 Hun, 33.) This action was brought to recover damages for alleged negligence causing the death of James M. Loitus, plaintiffs intestate. The facts are set forth sufficiently in the opinion. He who has what is more than ordinarily dangerous must use more than ordinary care to prevent injury to others thereby. (1 Thompson on Negligence, 238; Morgan v. Cox, 22 Miss. 373; Castle…
1Opinion of the CourtAndrews, J.
The charge of negligence is based solely upon the alleged insufficiency of the guard on the side of the bridge or float adjoining the passage-way for passengers going upon or leaving the ferry-boat. It is not claimed that the bridge was not in other respects properly constructed. It did not fill the entire space between the piers. On each side there was a space open to the water of from eight to twelve inches between the bridge and the adjoining pier. This space was left for the movement of the bridge caused by the tides and the impact of the boat on entering the slip. The guard was a frame…
2Cases cited1 opinion
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
3Cited by69 opinions
- Burke v. . WitherbeeNew York Court of Appeals · 1885
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
64 more not listed; retrieve them via the Exa API.