Jackson v. Orser
New York Court of Common Pleas
Appeal, by defendant, from an order granting a new trial. This was an action against the defendant as sheriff of the city of New York, to recover damages for an alleged escape of a prisoner.
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Appeal, by defendant, from an order granting a new trial. This was an action against the defendant as sheriff of the city of New York, to recover damages for an alleged escape of a prisoner. The complaint alleged the recovery of a judgment by the plaintiff against one Joseph G. White, the issuing of an execution against property thereon and its return unsatisfied, the issuing of an execution against the person of Joseph G. White, his arrest by the defendant (the sheriff) under such execution, and his subsequent escape. The cause was tried before Judge Daly and a jury. The plaintiff proved…
1Opinion of the Court
By the Court, Brady, J.
The proof in this case was that Joseph Gr. White was the captain of the ship Hudson. That the ship was towed out to sea on or about the 19th of March, 1854. That a person on board the ship was addressed by the captain of the towboat as Captain White. ' That the person so addressed replied to such-address, and also gave orders to the second officer on board the ship as to what sails to let loose. And further, that as the captain of the towboat was leaving the ship, he said “Grood by, Captain White;” and that the person so addressed acted as captain of the ship. This…
2Cited by2 opinions
- Brown v. SullivanNew York Court of Common Pleas · 1892
- Fink v. Manhattan Railway Co.New York Court of Common Pleas · 1890