Martin v. . Farnsworth
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff, entered upon a verdict, and ordering a new trial. • This action was brought to recover for the loss of plaintiff’s steam-tug, May Queen, through the alleged negligence of defendant’s servant. Defendant owned the hark Antietam.
Read the full summary
Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff, entered upon a verdict, and ordering a new trial. • This action was brought to recover for the loss of plaintiff’s steam-tug, May Queen, through the alleged negligence of defendant’s servant. Defendant owned the hark Antietam. In November, 1862, it being ashore at the Delaware breakwater, he telegraphed from Lewes, Delaware, to Metcalf & Duncan, New York, as follows: “ To Metcalf <& Dunca/n: “ Send me small tug-boat. * * * Make the best trade you can. “ W. A.…
1Opinion of the CourtAllen, J.
The question of most importance presented upon this appeal, and which lies at the foundation of the plaintiff’s claim, is as to the agency of Metcalf & Duncan for the defendant, and the extent of their powers. It is presented by the exceptions to the ruling of the judge at the trial that the agents named had authority to employ a pilot to take charge of the steam tug on her voyage from Hew York to Delaware breakwater. If this was right the other instructions to the jury, in answer to the requests of the counsel for the plaintiff, were properly given as the legal sequence of the main…
2Cases cited1 opinion
- Smith v. . TracyNew York Court of Appeals · 1867
3Cited by12 opinions
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Friedman v. New York Telephone Co.New York Court of Appeals · 1931
- Nutting v. Kings County El. RailroadNew York Supreme Court · 1895
- Karns v. State Bank & Trust Co.Nevada Supreme Court · 1909
- McIntosh-Huntington Co. v. RiceColorado Court of Appeals · 1899
7 more not listed; retrieve them via the Exa API.