Legal Opinion

Clark v. Iceland Steamship Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 25, 1958PublishedCited by 6 opinions

1Opinion of the CourtMcNally, J.

In this action to recover damages for the death and injuries of the plaintiff’s intestate, defendant-appellant appeals from a judgment entered on a total verdict of $77,500 — $58,500 in the cause of action for death, and $19,000 in the cause of action for personal injuries. We conclude that the admission of opinion evidence and the failure to charge on a material element of liability constitute prejudicial error and require reversal.

The complaint and bill of particulars allege that the defendant-appellant’s ship was unseaworthy and that appellant failed to furnish plaintiff’s intestate a safe…

2Cases cited38 opinions

  1. Mahnich v. Southern Steamship Co.Supreme Court of the United States · 1944
  2. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  3. Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
  4. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  5. Dougherty v. . MillikenNew York Court of Appeals · 1900

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3Cited by6 opinions

  1. Cunningham v. Rederiet Vindeggen A/SCourt of Appeals for the Second Circuit · 1964
  2. Weed v. BilbreyDistrict Court of Appeal of Florida · 1967
  3. Fingerhut v. Kralyn Enterprises, Inc.New York Supreme Court · 1971
  4. Hornsby v. Fishmeal CompanyDistrict Court, W.D. Louisiana · 1968
  5. Cunningham v. Rederiet Vindeggen A/S & M/S TrolleggenCourt of Appeals for the Second Circuit · 1964

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