Baker v. Byrne

New York Supreme Court

Baker v. Byrne

58 Barb. 438, 1871 N.Y. App. Div. LEXIS 11

DecidedFebruary 7, 1871

StatusPublished

This text of 58 Barb. 438 (Baker v. Byrne) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Byrne, 58 Barb. 438, 1871 N.Y. App. Div. LEXIS 11 (N.Y. Super. Ct. 1871).

Pincite

Opinion

By the Court, Ingraham, P. J.

The plaintiff, when crossing the defendant’s vessel, had no right or license to be there, and the defendants owed him. no duty which threw on them the obligation to close the hatches of their vessel at night, so as to protect a trespasser from injury.

The principle on which persons are held liable for such acts, is that they are in duty bound to keep their property in such a condition that persons who are lawfully there shall not be injured; but it does not extend to persons on the defendant’s premises without right, or without permission.

The cases in 3 E. D. Smith, 366; 1 Cowen 78, and 1 Hilton, 425, are cases exemplifying this rule.

Judgment affirmed.

Ingraham, P. J., and Geo. G. Barnard, Justice.]

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