Guiterman v. Liverpool, New York & Philadelphia Mail Steamship Co.
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury. The action was brought to recover damages for injuries sustained by goods of the plaintiffs, while on board a steamship owned by the defendants, for the purpose of transportation. The facts are stated in the opinion. At the trial, the jury found for the plaintiffs,- and judgment for the plaintiffs was entered on the verdict. From this judgment the defendants appealed.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The motion for a non-suit was properly denied. The affirmative evidence given by the plaintiffs was amply sufficient to entitle the jury to pass uponthe question, whether the injury sustained was caused by the defendants’ negligence.
There was no offer to prove that, by a local statute, applicable to the port of Liverpool, it was compulsory upon the defendants to place the steamer in charge of a pilot when she moved from the dock, and anchored in the river Mersey for the purpose of coaling; and that, by a general statute of Great Britain, the master or owner of a…
2Cases cited16 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871
- Ely v. . EhleNew York Court of Appeals · 1850
- Edson v. WestonNew York Supreme Court · 1827
- Sturgess v. . BissellNew York Court of Appeals · 1871
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3Cited by3 opinions
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- McLean v. St. Paul & Chicago Ry. Co.New York Court of Common Pleas · 1886