Baker v. Byrne

Decided February 7, 1871

New York Supreme Court · decided 1871-02-07

APPEAL by the plaintiff from a judgment dismissing the complaint, and from an order denying a motion for a new trial. This action was brought by the plaintiff to recover damages for an injury suffered by him from falling down a hatchway of the barge Pilgrim. It was admitted by the defense that the barge was owned by the defendant George C. Byrne. The accident occurred at Jersey City, 3ST. J., in August, 1863. The plaintiff was then mate, and in charge of the steamer Oriole.

Decided 1871-02-07

By the Court, Ingraham, P. J.

¶1The 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.

¶2The 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.

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

¶4Judgment affirmed.

¶5Ingraham, P. J., and Geo. G. Barnard, Justice.]