New York, N. H. & H. R. v. De Noyelles

Citations

• 153 F. 543
• 82 C.C.A. 497
• 1907 U.S. App. LEXIS 4430

Syllabus

<p>1. Collision — Personal Injuries — Contributory Negligence.</p> <p>In an action for injuries to plaintiff by a collision between defendant tug and one of several floats attached to a dock, whether plaintiff was negligent held for the jury.</p> <p>2. Same — Negligence.</p> <p>Defendant tug while going up a river to defendant’s coal dock, which was located just below the dock to which plaintiff’s boat was moored, collided with the outer of several floats ati ac-lied to such dock, and the shock being communicated to each plaintiff was caught and injured as he was standing on a stringer in front of the bulkhead of the dock. The maneuver executed by the tug at the time of the collision was the usual one apart from the degree of violence of the contact, and it also appeared that the master of the tug, by reason of Intervening cars on one of the floats, and plaintiff’s stooping posture, could not have seen him, and did not know of his dangerous position. Held, that the master of the transfer was not negligent in adopting the maneuver executed at the time of the collision, nor in failing to discover plaintiff’s presence either just prior to the collision or as the tug was approaching the dock at a time when plaintiff was in a place of safety.</p> <p>8. Same — Negligence—Question ipor Jury.</p> <p>In an action for injuries to plaintiff in a collision between defendant’s lug and a series of floats attached to a dock, whether the master was negligent in causing his tug to come in violent contact with one of the floats without knowing that persons were not working in or around them, held for the jury.</p>