Case v. Reeve
New York Supreme Court
IN ERROR, to the court of common pleas of Orange county. The defendants in error, owners of a vessel in the Hudson, brought an action on the case in the court below, against the plaintiff in error, the master of another vessel, for negligently running foul of, and injuring the vessel of the defendants in error.
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IN ERROR, to the court of common pleas of Orange county. The defendants in error, owners of a vessel in the Hudson, brought an action on the case in the court below, against the plaintiff in error, the master of another vessel, for negligently running foul of, and injuring the vessel of the defendants in error. The defendant pleaded not guilty; and at the trial in the court below, the defendant offered Isaac Case as a. witness; who being sworn on his voir dire, said, that he, the witness, and Benjamin Case were the owners of the vessel that run foul of the other, and that the defendant below…
1Opinion of the CourtSpencer, J.
This is an action against the master of a sloop for so negligently managing her, that she ran foul of, and damaged the plaintiffs’ sloop. On the trial, Isaac Case, one of the owners of the sloop, of which *81the defendant below was master, was called as a witness on the part of the defendant. He was examined on his voir dire, and stated the above facts, and further, that he was under no obligation to pay any part of the damages, nor was he interested in the suit, to his knowledge. The court below decided that the witness was incompetent, and excluded him; and the sole question now presented is,…
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