New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-30

COURT OF COMMON PLEAS-GESERAL TERM.-JAS. 20
Before DAILY, +. j., BRADY and CARDozo J. j.
LIABILITY OF FERRY COMPANIES FOR NEGLIGENCE
THE JURY THE PROPER TRIBUNAL FOR THE CUES
TIoN OF NEGLIGENCE-DUrY OF FERRY COM
PANIES TO PASSENGERS.
This was an appeal from the decision of the Court
below dlsmissing the PLAINTIFFS complaint for want OF
OPINION Of the Court reversing that decision.
DAILY f. This Is close case, but think there was
the jury The plaintiff testified that he pushed down
win The rest OF s pnssSsers 20 S da Oh and n
boat because u stops only few minutes atter its
he was pushed by the crowd that followed him.
The part OF the boat nearest the bridge is open space
there eG are y pos WITH NO between live Inches high
separating the passenger way from the carriage way
small one across the passage way As the plaintiff step
ped upon the boat the chain across the passage way was
iU S chain S across t6s carriage way threw ro the
south side OF the boat where he was standing TO post
out" As the plaintiff came upon the boat he pushed
back toward the left by ladies coming out Of the cabin,
string sf piece nv and took hold Of the first
Of the posts but he said that the people crowdng
with his left foot At about the moment soon
the boat touched the bridge and the defendants en-
along The bridge which a chain and not floating
bridge, upon level with the boat, but was about
the horse struck against the bridge and could not get
It, the boat lower AS the witness Eyarts described
H..
says was wet, which made the horse stop, and
as she further describes 1t, the animal first
stepped forward TO the bridge and then fell down,
and another witness says that his attention being at
tracted by considerable noise he turned around and
saw horse Jump up and another saw 1t stumble and
fall down at this instant the same seen by the wit
ness who he could not either 20 the right or
20 the left that his left foot side OF the string
piece and his right foot upon the other without its being
In his power to move any way the axle OF the cart came
against him; the horse fell upon him. crushing his
foot and he fell backward the string piece when
he was taken up some gentlemen, with his foot hang
Ing loosely his leg 1t further appeared that there
had great increase OF business at this ferry, In
consequence OF IL having been made the terminus OF the
Morris and Essex Railroad about six months before the
happening OF this accident increase according 20 the
statement OF OF the witnesses beyond the greatest
capacity OF the defendants 10 accommodates IL also APP
peared that the defendants, after the accident made
important arrangement for the security OF passengers
This change consisted In putting up fence along the
bridge separating the passengers going to the boat from
those coming from It. by means OF which fence IN.
closure those going to the boat compelled
20 wait on the bridge In the waiting-room
until the passengers and vehicles have left the boat when
the gate opened and those In the enclosure 10 board
This alteration, says the witness Wehle, evidently
made in order 10 prevent such accident Before II was
made there no barriers that the passengers going
10 the boat came In contact with those coming from IT,
and frequently In jeopardy OF their lives. Those
going TO IT, always went on the lower end or the bridge
which prevented the speedy discharge OF passengers ana
vehicles from the beat and caused cr0wding and con
fusion. think it Is fairly inforrabls fpem the eyi-
donce, that tue direct csase VI the scelIsAs S5