Hoffman v. . Union Ferry Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover damages for injuries to plaintiffs’ canal boat Milton Hoag resulting from a collision with defendant’s ferry boat Baltic, alleged to have been caused by the negligence of defendant’s employes.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover damages for injuries to plaintiffs’ canal boat Milton Hoag resulting from a collision with defendant’s ferry boat Baltic, alleged to have been caused by the negligence of defendant’s employes. The case upon a former appeal is reported in 47 Hew York, 176. Plaintiffs’ evidence upon the second trial was substantially the same as upon the first. It tended to show that at the time of the accident…
1Opinion of the CourtAllen, J.
Upon a former trial of this action the plaintiff was nonsuited, upon his own showing, upon the ground that a non-compliance with the acts of congress, prescribing the lights to be exhibited by steam vessels employed in towing other boats and vessels, was of itself negligence, precluding a recovery for injuries received from a collision with another vessel carrying the regulation lights, and thus within the law of congress. The judgment was reversed, and a new trial granted, as reported in 47 Hew York, 176. We were of the opinion, and so held, that the absence of the statutory cautionary…
2Cases cited3 opinions
- Walker v. Transportation Co.Supreme Court of the United States · 1866
- Blanchard v. . N.J. Steamboat Co.New York Court of Appeals · 1874
- The PortsmouthSupreme Court of the United States · 1870
3Cited by11 opinions
- Adams v. CareyCourt of Appeals of Maryland · 1937
- Clason v. Nassau Ferry Co.Appellate Terms of the Supreme Court of New York · 1897
- Burbank v. Bethel Steam Mill Co.Supreme Judicial Court of Maine · 1883
- Gumb v. Twenty-Third Street RailroadThe Superior Court of the City of New York and Buffalo · 1890
- Mitchell v. StateNew York Court of Claims · 1948
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