New York Supreme Court, 1927

Hand v. New York Central Railroad

Hand v. New York Central Railroad
New York Supreme Court · Decided April 13, 1927 · Pee
129 Misc. 301; 221 N.Y.S. 3; 1927 N.Y. Misc. LEXIS 1357; 1927 N.Y. App. Div. LEXIS 12752

Counsel

Harry Kirshbaum, for the appellant., Alex. S. Lyman [Lawrence R- Walton of counsel], for the respondent.

Hand v. New York Central Railroad

Opinion of the Court

Pee Curiam.

Plaintiff testified that while a passenger on defendant’s ferryboat he was drenched with water from a hose used on the boat to fill the boiler; that as a result he felt chills and the next morning got a doctor and was laid up for two weeks. Plaintiff evidently made out a prima facie case of negligence on the part of the defendant and sufficient prima facie proof of damage. The judgment should, therefore, be reversed and a new trial granted, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijtte, Lydon and Levy, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.