Svenson v. . Atlantic Mail Steamship Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for an injury alleged to have been sustained by the plaintiff through the negligence of one of the defendant’s servants. ' The steamship Columbia, belonging to the defendant, in September, 1869, arrivied at quarantine in the harbor of New York, with a cargo of tobacco in bales, and the barge Florence was engaged in lightering the steamship. This barge was not owned by the defendant, but was…
1Opinion of the Court
Earl, C.
The complaint alleges, and the answer admits, that at the time of the accident, the defendant owned and had the charge, control and management of the steamship. The answer does not expressly aver that the man who threw the bale upon the plaintiff was not its servant. It simply denies that it was done through the negligence of defendant’s servant. It is clearly inferable, from the evidence, that the man who threw the bale was not employed by the owners of the lighter. He was employed by some one upon the steamship. All the proof we have is, that he was engaged upon the steamship in…
2Cases cited1 opinion
- Norris v. . KohlerNew York Court of Appeals · 1869
3Cited by27 opinions
- Butler v. . TownsendNew York Court of Appeals · 1891
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Jones v. CookWest Virginia Supreme Court · 1922
- Howell v. J. Mandelbaum & SonsSupreme Court of Iowa · 1913
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
22 more not listed; retrieve them via the Exa API.