Redmond v. Liverpool, New York & Philadelphia Steamboat Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court of the first judicial district, reversing a judgment entered in favor of plaintiff, and ordering a new trial. The action is brought to recover the value of a box of merchandise, one of twenty-three boxes shipped on board defendant’s steamer at Belfast, Ireland, to be transported to the city of Mew York.
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Appeal from order of the General Term of the Supreme Court of the first judicial district, reversing a judgment entered in favor of plaintiff, and ordering a new trial. The action is brought to recover the value of a box of merchandise, one of twenty-three boxes shipped on board defendant’s steamer at Belfast, Ireland, to be transported to the city of Mew York. The Edinburgh, one of the defendant’s steamers, with a large miscellaneous cargo for different consignees, including the twenty-three cases for the plaintiff, arrived at the port of Mew York on the first of March, 1866. She commenced…
1Opinion of the CourtAllen, J.
The Supreme Court has reversed the judgment entered upon the report of the referee and ordered a new trial. As it is not stated in the judgment of reversal, that it was on questions of fact, the judgment must be deemed to have been reversed on questions of law, and the facts are not open to review in this court. (Code, §§ 268, 272; Baldwin v. Van Deuzen, 37 N. Y., 487.) The referee has found that the defendants, as common carriers by water, received the plaintiff’s merchandise at Belfast, Ireland, to be carried from there to Hew York, and there delivered to the owner, the bill of lading…
2Cases cited3 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Baldwin v. . Van DeusenNew York Court of Appeals · 1868
- Ely v. New Haven Steamboat Co.New York Supreme Court · 1869
3Cited by19 opinions
- Tan Hi v. United StatesDistrict Court, N.D. California · 1950
- Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
- Guillaume v. . General Transportation Co.New York Court of Appeals · 1885
- McAndrew v. . Whitlock, Jr.New York Court of Appeals · 1873
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