Phelps Et Ux v. Windsor Steamboat Co

• Decision Date: 16 September 1902
• Citation: 131 N.C. 12,42 S.E. 335
• Court: North Carolina Supreme Court
• Parties: PHELPS et ux. v. WINDSOR STEAMBOAT CO. et al.

42 S.E. 335

131 N.C. 12

PHELPS et ux.

v.WINDSOR STEAMBOAT CO. et al.

Supreme Court of North Carolina.

Sept. 16, 1902.

STEAMBOAT CARRIERS—INJURY TO PASSENGER—LIABILITY OP LESSOR.

1. The lessor of a steamboat, not being a quasi public corporation, having received no special privileges or benefits from the state, is not liable for injury to a passenger from negligence of the lessee.

¶ 1. See Carriers, vol. 9, Cent. Dig. § 1249.

Appeal from superior court, Bertie county; Brown, Judge.

Action by J. T. Phelps and wife against the Windsor Steamboat Company and another. From judgment dismissing the action as to defendant Elizabeth Branning, administratrix, plaintiff's appeal. Affirmed.

St. Leon Scull, for appellants.

Pruden & Pruden and Shepherd & Shepherd, for appellee.

CLARK, J. This is an action against the defendant steamboat company, alleging that, while plaintiff was a passenger on one of its boats, by negligence in the loading and operation thereof the boat was capsized, and the plaintiff was thrown into the water and injured, and her baggage was also damaged. The plaintiff joins in the action the administratrix of one John W. Branning, upon the ground that said Branning was the owner of said vessel, and had leased it to the said steamboat company. It does not appear, nor is it alleged, that he had any connection withthe operation of said vessel by the other defendant.

His honor properly dismissed the action as to Branning upon the ground that no cause of action is stated against him. Gulzoni v. Tyler, 64 Gal. 334, 30 Pac. 981; Shear. & R. Neg. § 501. In Harden v. Railroad Co., 129 N. C. 354, 40 S. E. 184, 55 L. R. A. 784, 85 Am. St Rep. 747, and the cases there cited, from Aycock v. Railroad Co., 89 N. C. 321, down to and inclusive of Perry v. Railroad Co., 129 N. C. 333, 40 S. E. 191, and City of Raleigh v. North Carolina R. Co., 129 N. C. 265, 40 S. E. 2 (affirmed since in Smith v. Railroad Co., 130 N. C. 344, 42 S. E. 139), the lessor is held liable, notwithstanding the lease, because a railroad company (the lessor in those cases) was a quasi public corporation, enjoying the use of the right of eminent domain to take private property by condemnation for its right of way "because it is for a public use, " and with many other special privileges and rights conferred for the public benefit, and it could not be allowed, by merely making a lease, to put off all liability for the manner in which its duties arc discharged, while receiving the full benefit for...