Legal Opinion

Cavanagh v. Ocean Steam Navigation Co.

New York Supreme Court

Decided November 29, 1890PublishedCited by 5 opinions

Action by Thomas Cavanagh, as administra tor, etc., of Jane Lingard Bobinson, deceased, against the Ocean Steam Navigation Company, Limited, a foreign corporation, to recover damages for the death of said intestate.

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Action by Thomas Cavanagh, as administra tor, etc., of Jane Lingard Bobinson, deceased, against the Ocean Steam Navigation Company, Limited, a foreign corporation, to recover damages for the death of said intestate. A former action by John Bobinson, as administrator of the same intestate, against the same defendant, brought in the New York superior court, was dismissed on the ground that plaintiff was a citizen of Massachusetts, and could not maintain an action in New York against a foreign corporation for a cause of action arising outside of the state limits. Robinson v. Navigation Co., 1 N.…

1Opinion of the CourtPatterson, J.

The demurrer in this cause is interposed to so much of the reply as sets up matter in avoidance of the specific defense that by failure *541to bring suit within 12 calendar months from the death of the plaintiff’s intestate the plaintiff is barred of all right of action. It appears by the complaint that a recovery of damages is sought for causing the death of the intestate by negligence of the defendant, a British corporation, in the navigation of two of its ships, upon one of which the intestate was a passenger, a collision between the ships having occurred on the high seas in consequence of…

2Cases cited8 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  3. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  4. Hill v. Board of SupervisorsNew York Court of Appeals · 1890
  5. McDonald v. . MalloryNew York Court of Appeals · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Schwertfeger v. Scandinavian American LineAppellate Division of the Supreme Court of the State of New York · 1919
  2. Safir v. Compagnie Generale TransatlantiqueDistrict Court, E.D. New York · 1965
  3. Kiefer v. Grand Trunk Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. King v. Mayor of ButteMontana Supreme Court · 1924
  5. Neiman v. ButlerNew York Court of Common Pleas · 1892

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