Bust v. Cornell Steam-Boat Co.
U.S. Circuit Court for the District of Southern New York
Motion,for New Trial. This action is brought to recover damages occasioned by the negligence of the defendants in failing to tow property the plaintiff’s canaU boat Minnie P. Howe from Newburgh to New York on the evening of October 4, 1881. In the last tier, directly behind the canal-boat, was a spile-driver, which became disengaged and was forced by the-winds and waves violently against the stern of the canal-boat, causing the loss and injury complained of.
Read the full summary
Motion,for New Trial. This action is brought to recover damages occasioned by the negligence of the defendants in failing to tow property the plaintiff’s canaU boat Minnie P. Howe from Newburgh to New York on the evening of October 4, 1881. In the last tier, directly behind the canal-boat, was a spile-driver, which became disengaged and was forced by the-winds and waves violently against the stern of the canal-boat, causing the loss and injury complained of. Evidence was given tending to show that the spile-driver became unmanageable because of the giving way of a cleat to which the…
1Opinion of the CourtCoxe, J.
The verdict was not so manifestly against the weight of' evidence as 'to warrant the court in setting it aside. The proposition now to be determined is, not whether the court is in accord with the jury upon the facts, but was there a question of negligence which should have been submitted to them? If so, the court cannot disturb the verdict without intrenching upon the province of the jury, unless it is so clearly against the evidence as to justify the conclusion that they, through ignorance, depravity, or gross partiality, failed to comprehend their duty. There is nothing here to warrant…
2Cases cited7 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- The QuickstepSupreme Court of the United States · 1870
- Rose v. Stephens & Condit Transp. Co.District Court, S.D. New York · 1882
- Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Alden v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Doherty v. Pennsylvania R.Court of Appeals for the Second Circuit · 1920
- Delaware Dredging Co. v. GrahamDistrict Court, E.D. Pennsylvania · 1930
- The White CityCourt of Appeals for the Second Circuit · 1931
- Sinram Bros. v. Reading Co.District Court, E.D. New York · 1937