Clark v. . Union Ferry Company
This text of 35 N.Y. 485 (Clark v. . Union Ferry Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
An individual has a right to take a young horse on a ferry-boat. He may be tiniid, easily frightened, and yet the owner is guilty of no negligence in taking him on the boat. He must there exercise proper care in the management of the horse, and that is all that can be required of him. If he then be injured or lost through the negligence of the defendant, the ferry, the defendant, is liable. The negligence of the defendant here, in not having a proper hook in its chain, was clearly proved and not controverted.
As to the negligence or unskillful conduct of the plaintiff in the management of the horse, there was contradictory evidence rendering the case proper for the jury. The court properly submitted that question to the jury, as we must presume, as no exception was taken to the charge.
The judgment of the Supreme Court should, therefore, be affirmed.
Judgment affirmed.
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35 N.Y. 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-union-ferry-company-ny-1866.