Austin v. . the New Jersey Steamboat Co.
New York Court of Appeals
Appeal from, a judgment of the late General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of the plaintiff, entered on the report of Hon. Henry Hogeboom, referee, for $19,281.59. On March 27th, 1866, at the opening of navigation in the Hudson river, the plaintiff’s boats (being the steamer McDonald and a tow of barges and canal boats) left Albany on a falling tide and grounded on the east side of the channel, about one mile and a…
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Appeal from, a judgment of the late General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of the plaintiff, entered on the report of Hon. Henry Hogeboom, referee, for $19,281.59. On March 27th, 1866, at the opening of navigation in the Hudson river, the plaintiff’s boats (being the steamer McDonald and a tow of barges and canal boats) left Albany on a falling tide and grounded on the east side of the channel, about one mile and a half below the city. About three hours afterward, the night being clear and moon shining, the tide running ebb three miles…
1Opinion of the Court
Church, Ch. J.
The referee before whom this action was tried, found as a conclusion of fact that the injury complained of, was caused by the negligence of the defendant, and that the plaintiff was free from any negligence which contributed to the injury, and this court is concluded by these findings, unless they are unsupported by any evidence, or unless by undisputed evidence the contrary is established. As to the iirst proposition, that the injury was caused by the defendant’s negligence, there was evidence fully justifying the conclusion of the referee. The officers and pilots of the St.…
2Cases cited6 opinions
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Culbertson v. the Steamer Southern BelleSupreme Court of the United States · 1856
- Mason v. . LordNew York Court of Appeals · 1869
- Haley v. . EarleNew York Court of Appeals · 1864
- Draper v. . StouvenelNew York Court of Appeals · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Holmes v. South Pacific Coast RailwayCalifornia Supreme Court · 1893
- Cohen v. Continental Fire InsuranceTexas Supreme Court · 1887
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
30 more not listed; retrieve them via the Exa API.